23 recommendations for HC judges’ appointment pending with Government: CJI NV Ramana

Satya Prakash

New Delhi, July 5

Chief Justice of India NV Ramana on Tuesday said 23 recommendations for appointment of high court judges were pending with the Central Government even as 381 of the total 1108 sanctioned posts of judges in 25 high courts remained vacant.

“The Central Government is yet to transmit another 120 names received from various High Courts to the Supreme Court Collegium. I have been reminding the Government to expedite the process so that the remaining 381 vacancies can be reduced considerably. I am hoping for some forward movement in this regard,” Justice Ramana said in the presence of Law Minister Kiren Rijiju.

The CJI was speaking at the inaugural session of a conference on ‘Arbitrating Indo-UK Commercial Disputes’ organised by FICCI and the Indian Council of Arbitration in London.

Justice Ramana, however, said after he assumed the office of CJI, in addition to filling up 11 vacancies in the Supreme Court, the Collegium could secure appointment of 163 Judges to various high courts as well.

“India is rated to be one of the fastest growing economies. In trade and business, as in any human relationship, differences of opinions and conflicts are bound to occur. To achieve the title of an investor-friendly destination, India needed to establish and strengthen an efficacious mechanism to address these issues and ensure that business continues to operate without much hassle. This is where Alternate Dispute Resolution and particularly Arbitration plays a significant role,” he said.

“Although, arbitration is not new to India, I must admit that it is still a domain which is evolving with the changing needs of the time,” he added.

Suggesting establishment of more commercial courts for dealing with arbitration cases and nominating experts in the field to be Judges of those courts, he said the role of courts in the arbitration process must be supervisory. “We (courts) should not cross the fine line between assistance and interference,” he added.

He said various institutional arbitration centres functioning across the world may consider forming a council or confederation. This would enable them to share experiences and adopt best practices.

Describing arbitration as “the best suited dispute resolution mechanism for the commercial world”, the CJI said it’s an effective alternative to traditional litigation and is regulated primarily by the terms previously agreed upon by the parties themselves.

“The process is consensual, confidential and the result is binding. The parties have the freedom to choose not only the procedure and the laws that govern their transaction, but also have the freedom to choose their own arbitrators and domain experts. This choice provides parties with a sense of neutrality and fairness in the process,” the CJI noted.