On January 24, 2024, the Central Government of India officially cleared the appointment of Justice Lapita Banerji as a permanent judge of the Punjab and Haryana High Court. This decision comes months after the Supreme Court Collegium initially recommended her transfer and elevation in August 2023. While seemingly straightforward, this appointment carries several layers of significance and has generated mixed reactions within the legal community.
The Appointment Process:
Initial Recommendation: In August 2023, the Supreme Court Collegium, a body responsible for recommending judicial appointments, recommended the transfer of Justice Banerji, along with two other judges, from the Calcutta High Court to different High Courts. Justice Banerji was recommended for elevation as a permanent judge in the Punjab and Haryana High Court, filling a vacancy arising from the retirement of another judge.
Transfer and Clearance: In November 2023, Justice Banerji was formally transferred to the Punjab and Haryana High Court as an additional judge. Following this, the Central Government had the final say on her permanent appointment. This approval process can sometimes lead to delays and friction between the judiciary and the executive.
Governmental Approval: After due consideration, the Central Government, represented by the Ministry of Law and Justice, finally approved Justice Banerji’s appointment on January 24, 2024. The announcement was made by Union Minister of State (independent charge) for Law and Justice Arjun Ram Meghwal.
Reactions and Significance:
Positive Views: The Bar Council of Punjab and Haryana welcomed the appointment, highlighting Justice Banerji’s experience and expertise in various legal fields. Some legal commentators also view this as a positive step towards addressing the vacancy backlog in High Courts.
Concerns and Delays: However, others raise concerns about the seemingly long delay between the Collegium’s recommendation and the government’s approval. This, they argue, undermines the independence and efficiency of the judiciary. Additionally, some point out that Justice Banerji’s transfer from the Calcutta High Court, where she had seniority, to the Punjab and Haryana High Court might raise questions about fair treatment and career progression within the judicial system.
Collegium vs. Government: This appointment also reignites the ongoing debate regarding the power dynamics between the judiciary and the executive in the context of judicial appointments. The Collegium system, while enshrined in judicial pronouncements, faces criticism for lacking transparency and accountability. Conversely, some argue that complete government control over appointments could jeopardize judicial independence.
Additional Considerations:
Background of Justice Banerji: Justice Banerji has a distinguished legal career spanning over two decades. She has handled diverse cases related to criminal law, constitutional law, and civil disputes. Her expertise and experience are expected to strengthen the Punjab and Haryana High Court.
Vacancy Backlog in High Courts: The Indian judiciary faces a significant backlog of pending cases, partly due to a shortage of judges. Justice Banerji’s appointment, along with others recently cleared, helps address this issue to some extent.
Collegium System Reforms: The debate surrounding the Collegium system and its potential reforms continues. This appointment might fuel further discussions about ensuring transparency, accountability, and timely appointments while upholding judicial independence.
Conclusion:
The appointment of Justice Lapita Banerji as a permanent judge of the Punjab and Haryana High Court is a significant development with multiple layers of meaning. While it fills a crucial vacancy and strengthens the court, it also reignites discussions about the Collegium system, judicial independence, and the delicate balance between the judiciary and the executive in India’s legal framework.
