Arjun Ram Meghwal, the newly appointed Minister of State for Law and Justice with independent charge, faces significant challenges in addressing vacancies in the higher judiciary and resolving pending cases, while also finalising the Memorandum of Procedure (MoP).
Meghwal, who took over the law portfolio on Monday, is no stranger to the field, having previously served in a similar capacity since May last year, replacing Kiren Rijiju.
The MoP serves as a crucial guide for the appointment, elevation, and transfer of judges in both high courts and the Supreme Court. However, its finalisation has been stalled, adding to the complexities of judicial administration.
Data shared by the government reveals a staggering backlog of over five crore cases across various courts, including lower courts, the 25 high courts, and the Supreme Court.
Vacancies within the judiciary contribute significantly to this backlog, with two vacancies in the Supreme Court and a substantial 345 vacancies in high courts as of June 1.
One of the key issues Meghwal faces is the completion of the MoP. Efforts to reform the appointment process, including the introduction of the National Judicial Appointments Commission Act, 2014, have faced legal hurdles.
Despite attempts to replace the Collegium system, which appoints judges through a more transparent mechanism, the Supreme Court declared such acts as unconstitutional in 2015, reverting to the Collegium system.
The finalisation of the MoP remains elusive, despite ongoing discussions between the government and the judiciary. The Supreme Court has directed the government to collaborate with the Chief Justice of India in finalising the document, emphasizing the need for consensus among the Collegium members.
As Meghwal takes on these formidable challenges, the urgency to address judicial vacancies and streamline appointment procedures becomes increasingly paramount in ensuring the effective functioning of the Indian judiciary.
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