Additional high court judges get 3-month extension amid NJAC row

NEW DELHI: With the Supreme Court yet to decide on the constitutionality of the National Judicial Appointments Commission ( NJAC), the Modi government is giving incumbent additional high court judges a three-month extension to address the massive case pendency and large-scale judicial vacancies.

Normally, additional judges of HCs are appointed on a two-year contract. At the end of their contract, based on their conduct and performance, they are either elevated as permanent judges or released from judicial service.

During the last hearing on the constitutional validity of the NJAC, the apex court had allowed, as an interim measure, a three-month extension for additional judges whose terms were coming to an end.

The government had argued before the SC bench that the deadlock was creating a vacuum and could result in a crisis as there was a huge pendency of cases. More than 44 lakh cases are currently pending in the country's 24 high courts.

Sources said files have been processed for appointment of at least seven additional judges in Bombay HC and one in Patna HC where the incumbents were set to complete their two-year contract in the coming weeks.

The NJAC impasse has resulted in four high courts not having permanent chief justices. The crisis is likely to aggravate with some high courts like Allahabad having 60 vacant posts for additional judges. The country's largest high court has the highest pendency at 10,43,398 cases, of which more than six lakh cases are older than five years.

The Supreme Court will start hearing arguments in support of the NJAC on June 8, during the summer vacation. The law ministry, meanwhile, is clearing appointments of additional judges whose terms are coming to an end.



Though the government had notified the NJAC, it could not be constituted after the Chief Justice of India refused to be part of the process citing pendency of the case. The six-member NJAC, which has replaced the two-decade-old collegium system for appointing judges, was passed by both Houses of Parliament and ratified by more than 20 states. It received the President's assent in December last year and was notified in April.

The constitutional amendment provides NJAC to be headed by the CJI and have as members the two senior-most SC judges, the law minister and two eminent persons.