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Signs of strained judicial system. It is doubtful that the Supreme Court can pass such an order. The Chief Justice of the High Court is the master of the roster. It is Chief Justice’s prerogative to decide which work is to be assigned to which Judge. High Court is not a court subordinate to the Supreme Court. There is no provision in the Constitution which expressly confers power on the Supreme Court to interfere in the High Court roster. It needs to be looked into why the Hon’ble Supreme Court has passed such an order in desperation when the order itself is of doubtful validity. The question is why this is happening. Why has the entire judicial system come under strain? The possible reasons are, (i) workload is increasing exponentially, (ii) constitutional courts have enlarged their jurisdiction in PIL matters unreasonably trenching upon executive functions, (iii) system of judicial appointments is not satisfactory. It is not that candidate selected as Judge is the most meritorious person.
Rejection of National Judicial Appointments Commission (NJAC) is not a good decision of the Supreme Court. Many jurists who were judges and lawyers of the Supreme Court have expressed the view that judicial system is crumbling. Bull-dozers justice, supari-killings, etc. are the signs that people’s faith in judicial system is diminishing. These are some of the things which need urgent consideration.

Judicial system – tardiness