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dated November 25, 1959: Appointment of judges

The Union Home Minister, Pandit Pant, expressed on November 24 what he called Government’s continued anxiety over the state of arrears in the Supreme Court and the High Courts, and said: “We will continue our efforts to reduce them, and I trust that the High Courts will also give further thought to this matter.” Repudiating the criticisms that the appointment of Judges was vitiated by extraneous considerations, the Home Minister said, “In this matter our position is unassailable”. Pandit Pant was intervening in the Rajya Sabha in the debate on the report of the Law Commission on reform of the judicial administration. Dr. H.N. Kunzru (Ind.-U.P.) in the course of the debate called for an “adequate reply” from the Government to the Commission’s observations regarding appointment of judges to high courts being governed by “extraneous considerations of political, communal and caste affiliations”. If the Chief Justices were made to feel that the acceptance of their recommendations on appointments of Judges by the Government depended on their having previous consultations with the executive, it was “a most unsatisfactory and deplorable state of affairs”.

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