At least twice in less than six months, Chief Justice of India TS Thakur has expressed deep dissatisfaction over the shortage of judges in higher courts. Though statistics are disturbing — 450 vacancies in 24 High Courts across the country and 40 lakh cases pending in the High Courts — the Government alone cannot be blamed for the low figures. The truth lies somewhere in between the judiciary and the executive, as they are loathe to reach out to each other.
On the other hand, the Government has to also make sure that the judiciary is transparent and accountable. Honesty and ability cannot be casualties in the process of quick appointments. Moreover, judicial vacancies are not unusual and have an old history. The judiciary itself entrusted the implementation of the contentious Memorandum of Procedure (MoP) to the Government. Now, all disputed clauses in the MoP have to be thrashed out with equanimity.