The Hindu : New Delhi News : More permanent judges sought for Madras High Court

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Wednesday, Aug 20, 2008
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More permanent judges sought for Madras High Court

J. Venkatesan

Advocates association submits memorandum to President Pratibha Patil

At present the sanctioned strength of the High Court is 49 judges

New Delhi: The Tamil Nadu Advocates Association has sought the intervention of President Pratibha Patil for increasing the strength of permanent judges of the Madras High Court from 32 to 49 considering the fact that the Centre has decided to increase the total strength to 60.

In a memorandum, association president S. Prabhakaran said that at present the sanctioned strength of the High Court was 49 judges, of which 32 were permanent judges and 17 additional judges. The Centre had proposed to increase the total strength to 60 judges and the notification in this regard was expected to be issued shortly. However, the number of posts of permanent judges was to be kept at 32 and the remaining 28 posts as additional judges.

It said that keeping the strength of permanent judges at 32 even after increasing the total strength to 60 was regrettable considering the backlog of cases at the current level. “Though the judges are equal amongst themselves, irrespective of their designation as permanent or additional, keeping a large number of judges as additional judges was likely to have an indirect effect on their independency.”

The association further said that appointing a large number of judges as additional judges for a fixed term of two years and keeping the Damocles sword hanging on their heads, viz whether they would be made permanent or not, would have its effect on their functioning. The system of additional judges was introduced as a temporary phenomenon and not to remain as a permanent one. It pointed out that due to this uncertainty many talented lawyers were reluctant to opt for judge’s post.

Requesting the President to intervene immediately, the association said, “When the government and the Supreme Court have decided to increase the strength of High Court judges to 60, it should equally increase the number of permanent judges and there should not be a system of probation at the level of High Court judge. Under any circumstances, once they are appointed, there should not be any question of extension but only making them permanent judges. So, the present strength of 49 judges should be treated as permanent posts and the newly created 11 posts may be kept as additional.”

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