Impeachment Move Against 2 High Court Judges Amid 33% Vacancy Crisis

The government and the opposition are both pursuing the impeachment of two judges from the Allahabad High Court. The competing push to sack the senior judges has been seen as building each side's 'anti-corruption' credentials ahead of a critical election in Bihar this year.

But it also comes amid a staffing crisis. A third of all High Court judges' seats are vacant.

Two Judges, Two Controversies

The government (and the opposition) have called for the impeachment of Justice Yashwant Varma, then a Delhi High Court judge. after piles of burnt cash were found at his residence.

READ | Centre Begins Impeachment Of Justice Varma In Cash-At-Home Row

A motion to impeach was tabled in the Lok Sabha on Monday, but the judge has moved the Supreme Court challenging the judiciary's in-house report that recommended he be sacked.

Impeachment proceedings have also been demanded against Justice Shekhar Yadav after controversial comments at an event by right-wing group Vishwa Hindu Parishad.

READ | On Allahabad High Court Judge's Impeachment, Congress' 'Reminder'

A group of 55 MPs wrote to the Rajya Sabha in December asking he be fired.

33 Per Cent High Court Posts Vacant

However, while impeachments make headlines, the judiciary must sort out its numbers problem.

The Law Ministry, in response to a query by Congress boss Mallikarjun Kharge, told the Rajya that 371 High Court judge posts - 33 per cent of the total - are vacant.

There are 1,122 High Court judge positions in total. Of these only 751 are currently occupied.

Proposals to fill 178 of the empty seats are being processed by government and the Supreme Court Collegium. Recommendations for 193 are still pending from High Court collegiums.

Why The Delay?

The delay is reportedly because of a complicated appointment process as laid down by Articles 217 and 224 of the Constitution. The entire process involves several steps - a shortlist is drawn up, after consultation with the state government, by the two senior-most judges of a High Court.

The recommendations are sent to the Supreme Court Collegium for approval.

However, despite guidelines stating High Courts should submit these recommendations six months before any vacancy arises, the Law Ministry has said the timeline is not followed.

It has stressed the appointment process is "continuously integrated and collaborative exercise" between the executive and judiciary, making it hard to determine a timeline for filling vacancies.