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TMI Blog2021 (4) TMI 1268X X X X Extracts X X X X X X X X Extracts X X X X ..... s of appointment under Articles 217 & 224 of the Constitution of India. 3. Learned Attorney General has placed before us the appointment position in the High Courts to contend that against the sanctioned strength of 1080 Judges, 664 Judges have been appointed with vacancies of 416 Judges. However, the recommendations received and under process with the Government are 196 leaving 220 recommendations to be received. 4. We cannot but note the importance of the Chief Justices of the High Courts making recommendations in time. The vacancies are known and the norms permit making recommendations up to six months in advance. However, even recommendations for 220 existing vacancies appear not to have been made much less for vacancies, which a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the trigger for filling up of the vacancies is the recommendations made by the Chief Justices of the High Courts. However, once the recommendations are made, there are two stages at which the matter rests with the Government - the first when the Ministry processes the names; and the second post the Collegium of the Supreme Court taking a call in recommending such of the names as are approved by the Collegium. 8. Insofar as the Judiciary is concerned, the second stage after the recommendations are made by the Collegium of the High Courts is the time period taken by the Collegium of the Supreme Court in consulting the consultee Judge(s) to take a call on those names. 9. We have looked at the Memorandum of Procedure (for short 'MoP') ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt in the case of appointments...., as indicated, the need for further judicial review, as in other executive actions, is eliminate." The judgment added : (SCC p.708, para 482) "Except on the ground of want of consultation with the named constitutional functionaries or lack of any condition of eligibility in the case of an appointment, .... these matters are not justiciable on any other ground...." It is not possible to accept this contention since the above observations of the Court deal with the judicial review of particular appointment and not such aspects of the appointment process like delay. 11. In the conspectus of the aforesaid and in order to facilitate timely appointment, we are of the view that it would be advisable to foll ..... X X X X Extracts X X X X X X X X Extracts X X X X
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