The Supreme Court has refused to hear a petition to double the number of judges in the High Court and lower courts of the country. The petition was filed by BJP leader and lawyer Ashwini Upadhyay. The case was being heard by CJI DY Chandrachud and Justice PS Narasimha. During the hearing, the CJI said that a simple solution like doubling the number of judges is not going to work. Due to this no success is going to be achieved in the resolution of pending cases.
The court said, all these measures are populist. The condition is that 160 vacancies are not being filled in Allahabad High Court and 320 are being talked about. Talking about the Bombay High Court, there is no infrastructure at all. In such a situation, what will happen by increasing the number of judges. It is important to see how much difficulty is there in filling the vacancies that are there now.
The court said, removing the shortcomings of the judges is not a solution. There is no justification for hearing such simple public interest litigations. CJI Chandrachud even went so far as to say that such petitions waste the court’s time and can also attract a fine. On the other hand, advocate Upadhyay, keeping his argument, said that many people in the country are troubled due to pending cases in the courts.
Justice Chandrachud said that merely increasing the number of judges is not the solution to the pendency of cases. The petition is dismissed but there is liberty to file a fresh petition with research related to recruitment and vacancies. Justice Chandrachud said, when I was in the Allahabad High Court, the Law Minister had asked to increase the number of judges by 25 percent, but it became difficult for me to fill 160 posts.
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