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Supreme Court in its Order dated August 9, 2021, expressed discontent on the Government’s lackadaisical attitude in appointing Judges despite clearance of names by the Collegium.
Hearing SLP in a commercial matter, Court added that the Government must realize that early adjudication of commercial disputes is the necessity for which there has to be adequate number of Judges.

A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy, while dismissing the SLP from interlocutory order of the Delhi High Court, observed,

“The real rub is in the fact that the High Court does not find it feasible to accommodate such matters at an early date. This is the direct result of there being inadequacies of the number of High Court Judges including in the capital of the Country where the Delhi High Court is located.”

Court added that the judicial system is facing these problems due to the “recalcitrant attitude” of the Government in not appointing High Court Judges for years – even when the recommendations have been cleared by the Collegium.

“The result is that if there is some element of loss being caused by the inability of the judicial institution to take up matters, this is a direct consequence of there being inadequate number of Judges. Delhi High Court will be with less than 50% Judges in a week’s time having only 29 Judges out of a strength of 60 Judges while two decades back when one of us (Hon’ble Mr. Justice Sanjay Kishan Kaul) was appointed as a Judge it was as the 32nd Judge of Court whereas the strength was 33 Judges,” Court further said.

Reliance was placed on PLR Projects v. Mahanadi Coalfields, TP (C) No. 2419 of 2019, where timeline was laid by the Court for appointment of Judges.

“We have put to the learned ASG that the recommendations take months and years to reach the Collegium and thereafter months and years no decision are taken post the Collegium – the judicial institution of the High Courts is manned by a number of Judges where it will become almost impossible to have an early Adjudication even on important issues,” the bench added

On facts of the case, Court said that the conduct of Government paints a “sorrier picture” – conscious of the urgency of the matter, notice was issued on June 4, 2021, calling them to file counter affidavits within 4 weeks, thereby listing it on July 19, 2021. However they exceeded the same necessitating adjournment till October 5, 2021.

 “… on one hand, the Government does not deem it expedient to even file the counter affidavits while it has the ability to draw the special leave petitions and file the same before this Court. So much for the urgency expressed by the Government of India in the present proceedings!”

Case Title: Indian Solar Manufacturers Assn. v. Solar Power Developers Assn.