The impending central notification increasing the sanctioned strength of judges in the Madras high court by another 11, has triggered a virtual race among advocates for these constitutional positions. As four posts are lying vacant already, a total of at least 15 vacancies need to be filled soon.
The notification, expected to be issued in the next few days, will take the sanctioned strength of judges in the high court from the present 49 to 60. The current sitting strength of the court is only 45.
Competition is very intense this time, as it is a now-or-never opportunity for advocates in their early forties. “No judge is slated to retire this year. In 2009, only four vacancies, including that of an outstation judge, will arise. In 2010 and 2011, only a total of five vacancies will arise. Of these combined nine vacancies, four will have to go to senior district judges. It is a constitutional mandate to maintain 1:2 ratio of judges elevated from Bar and service respectively,” said an advocate, who hopes to get a look in.
In 2005, when the court had just 21 judges on its rolls, the then chief justice Markandey Katju (since elevated to the Supreme Court) single-mindedly pursued the cause during his 10-month stint here, and recommended a total of 21 names for appointment. However, his successor, justice A P Shah (since transferred to Delhi as its chief justice), had the good fortune of swearing in a record 17 judges in December 2005. Now the court is just four short of reaching its full complement of judges.
As most of the candidates appointed during the past 30-odd months are quite young when compared to their senior colleagues, new vacancies will come only in a trickle, said a judicial officer, adding that a batch of 10 vacancies will arise only in 2013.
These statistics, of course, do not take into account the appointment of Madras High Court judges as chief justice of other courts and their elevation as judges of the Supreme Court in the mean time.
Conscious of these facts, advocates have been wearing their caste, religious and political identities on their sleeves and are lobbying hard to win a nomination. In the case of judges, unlike other appointments, eligible advocates are contacted by senior judges and asked if they are willing to take up the job.
According to sources, at least three law officers of the state government, three candidates from minority communities and two from most backward communities, including the vocal Vanniar community, are sure to get a call this time.
Two women advocates, including a pending name, too might get a look in, said a senior judge. Though there is no reservation regime in these constitutional assignments, as a norm a fine balance is sought to be maintained by the higher judiciary, without compromising on the competence quotient.
But, this has not stopped various advocates associations, including the Advocates Forum for Social Justice, from seeking “adequate representation” for backward/most backward communities.
Court authorities note that advocates belonging to families of judges or practising in leading law firms or under reputed senior advocates, besides those having unblemished and decent practice, are considered ideal candidates. “It is not possible to keep out a particular candidate, just because some sitting judges too happen to be from his community,” said a judge, adding that judiciary is aware of the fact that promising candidates from under-privileged sections of the society deserve special measures to show their mettle.
VYING FOR POSITION
Sanctioned strength of judges 49 Present strength in high court 45 Proposed increase in strength 11 Likely vacancies in 2009 04 Vacancies in 2010 04 Likely vacancies in 2011 01

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