Justice Tahilramani to officiate as Bombay HC Chief Justice

The government had, in the recent past, made similar arrangements in three other high courts after the notifying of the NJAC Act

Senior-most judge of the Bombay High Court Justice Vijaya Kamlesh Tahilramani will officiate as its Chief Justice from tomorrow following retirement of the incumbent Justice Mohit Shantilal Shah.

A Law Ministry statement said here that Justice Tahilramani will perform the duties of the office of Chief Justice of the Bombay High Court with effect from September 9, 2015, consequent upon the retirement of Justice Shah, the Chief Justice of the Bombay High Court.

The government had, in the recent past, made similar arrangements in three other high courts after the notifying of the National Judicial Appointment Commission (NJAC) Act, which scrapped the over two-decade-old collegium system where judges appointed judges.
 

While the collegium system has been done away with by a new law, the NJAC is yet to take shape. Therefore, no judge can be elevated as Chief Justice of a high court, transferred to another high court or elevated to the Supreme Court as there is no system in place for the purpose.

To overcome the shortage of judges, the government had recently sought permission of the apex court to give extension to additional judges in various high courts whose tenure of two years is ending.

Till a new system is in place, the additional judges cannot be elevated as permanent judges in the high courts.

The Supreme Court has reserved its judgement on a clutch of petitions challenging the validity of the NJAC. The Chief Justice of India has refused to take part in a meeting with the prime minister in the selection committee of the panel under the new law, thus leaving the new system in a limbo.

According to the latest Law Ministry figures, there are 392 vacancies in most of the 24 High Courts.

However, according to Law Ministry sources, Article 223 of the Constitution states that when the office of the Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties shall be performed by such one of the other judges of the court as the President may appoint for the purpose.