Senior-most judge of Patna HC Iqbal Ahmed Ansari to officiate as its Chief Justice

NEW DELHI: Even as the higher judicial appointment system is in a limbo, senior-most judge of the Patna High Court Iqbal Ahmed Ansari was today given the responsibilities of officiating as the Chief Justice of that High Court.Patna High Court Iqbal Ahmed Ansari was today given the responsibilities of officiating as the Chief Justice of that High Court.

A Law Ministry statement said he will assume his charge with effect from August 1 following the retirement of Chief Justice Lingala Narasimha Reddy.

While the collegium system of judges appointing judges has been done away with by a new law, the National Judicial Appointment Commission is still to begin its work.

The Supreme Court has reserved its judgment on a clutch of petitions challenging the validity of NJAC. The Chief Justice of India has refused to take part in a meeting with the Prime Minister in the selection committee of the panel under the new law, thus leaving the new system in a limbo.

However, according to Law Ministry sources, Article 223 of the Constitution states that when the office of the Chief Justice of a high court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties shall be performed by such one of the other judges of the court as the President may appoint for the purpose.

Law Ministry officials explained that the President has used his powers to ask Justice Ansari to perform the duties of the Chief Justice till a permanent appointment is made.

After the government notified the National Judicial Appointments Commission on April 13, the collegium system has ceased to exist. NJAC has also not taken shape as the matter is pending before the apex court.

Government had made similar arrangements in two other high courts in the recent past after the NJAC Act was notified.