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Selection of judges to HC termed unconstitutional
Selection of Judges to High Court Termed Unconstitutional. The AP High Court Advocates Association, at its general body meeting on Monday, condemned the ongoing division of employees, assets and liabilities and termed it unconstitutional.
Appointment of High Court Judges should be made in consultation with the State government by the Centre. Since there was no government in the State and at the Centre it was a caretaker government, the selection of judges was unconstitutional, according to the AP High Court Advocates Association.
Hyderabad: The AP High Court Advocates Association, at its general body meeting on Monday, condemned the ongoing division of employees, assets and liabilities and termed it unconstitutional.
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As per the Constitution, the appointment of High Court judges should be made in consultation with the State government. But in view of the President’s rule in the State and the general elections, the Central government was in the position of a caretaker government and consultation was not possible.
Therefore, it was not proper to recommend the names of the Judges to the High Court, as consultation process mandated by Article 217 (1) of the Constitution was not possible. Therefore the entire process was unconstitutional and improper, said the association members. They said there was no need to rush with the process of appointment of judges. It could be done at a later date was the opinion of the members. They pointed out that the present strength of the High Court was 36 judges.
Earlier it functioned even with 24 judges. Therefore there was no urgency for the appointment of High Court Judges. They regretted there was no representation from the Telangana region in the collegium.
This apart, the members also strongly opposed the holding of screening test for selection of Junior Civil Judges which was scheduled for April 27 as the subordinate judiciary was in the process of being bifurcated and allotted to two states.
