Law Commission of India jumped to 40,000 Judges figure without any scientific data. CJI simply relied on it.
In an interesting development D.V. Sadananda Gowda, Union Law & Justice Minister has said that observations made by Chief Justice of India Tirath Singh Thakur qua need of 40,000 Judges in 1987 was without Scientific basis.
Law Commission did not collect any empirical data in a scientific manner which could form basis of projecting need of such a huge number of Judges.
Recently on April 24, while making an emotional appeal before the Prime Minister at Vigyan Bhawan for increase in number of Judges in the Country, the CJI had referred to the Law Commission Report stating that there is a recommended need of 40,000 Judges in the country to tackle the problem of huge pendency in the Courts.
The Law Commission Report stressed that there were only 10 Judges to a million when there should be a minimum of 50 judges per 10-lakh population.
Law Commission observations are solely based on opinion of Legal expert. He was interacting with Media on the Law Ministry’s achievements in the past two years of Modi Govt.
He stressed that in the report prepared by Law Commission there is a mention that this shall be calculated only on the basis of scientifically collected data but still no scientific data was collected.
Supreme Court had in Imtiaz Hussain case itself asked the Law Commission to have a re-look into the matter. And second time again Law Commission maintained that it may not be possible without any scientific data.
Minister informed that his Ministry is yet to receive the comments of Supreme Court Collegium on the revised Memorandum of Procedure.
He stated that between June 2014 to April 2016, strength in the High Courts has been increased from 906 to 1,065, The process of appointment has been expedited. while appointment of another 170 judges in the higher judiciary is being processed.
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