In September 2024, Chief Justices were appointed to eight High Courts in India. However, most of these appointees will serve very short tenures, which raises concerns about the judiciary’s institutional stability.
| Recent Developments in the Appointments of Chief Justices
Several recent appointments and retirements highlight the short tenures experienced by Chief Justices in India.
- Justice Rajiv Shakdher: The Chief Justice of the Himachal Pradesh High Court, who retired after just 24 days on October 18, 2024, serves as a stark example of the brief tenures.
- Justice Manmohan: Appointed as Chief Justice of the Delhi High Court on September 29, 2024, was later announced as a Supreme Court judge on December 3, 2024.
- Justice Tashi Rabstan: Serving as Chief Justice of the Jammu and Kashmir and Ladakh High Court, with a tenure of about six months.
- Justice Suresh Kumar Kait: Appointed as Chief Justice of the Madhya Pradesh High Court, serving for around eight months.
- Justice K.R. Shriram: Appointed Chief Justice of the Madras High Court, with a one-year tenure.
- Justice Indra Prasanna Mukerji: Chief Justice of the Meghalaya High Court, retiring around the same time as Justice Shriram.
- Justice Nitin Madhukar Jamdar: Chief Justice of the Kerala High Court, serving for about 15 months.
- Justice M.S. Ramachandra Rao: The only Chief Justice with a relatively long tenure of four years, serving in Jharkhand.
- These appointments and retirements paint a picture of transient leadership in the judiciary, leading to questions about the efficiency and impact of such short stints.
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The Role and Responsibilities of a Chief Justice
- The Chief Justice of a High Court plays a critical role in maintaining the overall health of the judicial institution. Their responsibilities include:
- Administrative Leadership: Overseeing the functioning and financial health of the court.
- Judicial Appointments: Recommending names for judicial appointments and forming committees to administer the court.
- Welfare of Staff: Addressing staff welfare and taking disciplinary actions against erring judges and staff.
- Public Engagements: Participating in functions and seminars organized by Bar Councils, advocate associations, and others.
- Legal Education: Addressing issues related to legal education in the State.
- Judicial Oversight: Serving as the top judicial authority of the State.
Challenges of Short Tenures
- Justice L. Nageswara Rao, in his 2022 farewell speech, emphasized the need for Supreme Court judges to have longer tenures of at least seven to eight years, if not ten, to gain a thorough understanding of the judicial system.
- This is a concern not just for the Supreme Court but also for the High Courts, where many Chief Justices face similarly short tenures.
- High Courts, being large and complex institutions with diverse challenges based on their locations, require time for Chief Justices to fully comprehend the intricacies of their roles.
- Unfortunately, most Chief Justices retire before they can fully settle into their positions, leaving their potential contributions unfulfilled.
- This persistent issue underscores the need for reforms to ensure stable leadership in the judiciary.
Historical Context
- British Era: In contrast to the current trend, during British rule, Chief Justices typically enjoyed much longer tenures. For instance:
- Case of Madras High Court: The Madras High Court, established in 1862, had only 11 Chief Justices in its first 85 years, with each serving an average of nearly eight years.
- Post-Independence Developments: After India gained independence, this trend changed dramatically.
- In the 65 years since independence, the Court had 24 Chief Justices, with an average tenure of only 2.75 years.
- The average tenure drops further when excluding the terms of Chief Justice P.V. Rajamannar, who served for 13 years, and Chief Justice Veeraswami K., who served for about seven years.
- In reality, there were 22 Chief Justices in 45 years, reducing the average tenure to just over two years.
Way Forward
- Stakeholders, like the government and the Bar, must come together to deliberate on the matter and find ways to address it before it begins to severely affect the functioning of the judicial system.
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Conclusion
The tenure of Chief Justices in India has become a critical issue affecting the stability and functioning of the judicial system. With responsibilities growing and tenures shrinking, it is crucial for stakeholders to come together to address this issue.
December 12, 2024
