It has been nearly three years since the State of Telangana was formed. But, the issue of allocation of judges between the two States remainS unresolved..However, in what could be a major step towards resolving this issue, the Supreme Court today issued a slew of directions regarding the same..The directions were issued by a Bench of Justices Jasti Chelameswar and S Abdul Nazeer in a petition by Telangana Judges Association..Five Senior Counsel appeared for various parties to the case. Senior advocate Indira Jaising appeared for the petitioner association while Senior Advocate Harin P Raval appeared for the State of Telangana. Senior Advocate KK Venugopal appeared for the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh (High Court). Senior Advocate VVS Rao appeared for Andhra Pradesh while Additional Solicitor General Maninder Singh represented the Central government..The case in Supreme Court began with the petitioner association filing a writ petition seeking bifurcation of lower judiciary of erstwhile Andhra Pradesh in order to create Telangana Judicial Service..Subsequently, guidelines were framed by the High Court for allocation of judges between Andhra Pradesh and Telangana..One of the main objections of the petitioner Association and the State of Telangana with respect to the guidelines was regarding the authority of the High Court to frame such guidelines. Their stance was that the Central government is the appropriate authority to frame such guidelines for allocation of judges..When the matter was taken up for hearing today, the Court wanted to gauge the stance of parties regarding the guidelines. It wanted to know whether the parties were agreeable to the contents of the guidelines, or whether their objection was only to the source of the guidelines/ enacting authority..The Court also expressed its inclination to ensure that the matter is resolved fully..“If all the parties are agreeable that they have no objection to the contents of the guidelines but only to the legal sanctity/ source of the guidelines, then we can ask the Central government to put its stamp of approval”, remarked Justice Chelameswar..Justice Chelameswar then proceeded to ask the parties regarding their stance. While Andhra Pradesh stated that they have no objection to the contents or the source of the guidelines, Telangana Judges Association and State of Telangana took the stand that they have objection to the source of the guidelines. They submitted that the guidelines have to be framed by the Centre and not the High Court..Further, they also submitted that they have certain suggestions with respect to the contents of the guidelines thus indicating that the guidelines are not agreeable to them in toto..Besides, both the State of Telangana and the petitioner association also raised the crucial issue about cadre strength not being ascertained and cadres not being created..“The guidelines pertain only to the allocation of judges. Our fundamental grievance is that there are no cadres, which have been created or their strength determined. Only after cadres are created, these guidelines can be implemented”, submitted Jaising..The Court after hearing the parties proceeded to pass a slew of directions for resolving the issue..The following are, inter alia, the major directions issued by the Court:.Both States shall make assessment of the strength of cadres of judicial officers required in consultation with the High Court and frame Rules regarding the strength of the cadres. This exercise shall be concluded within four weeks from today.After the strength of the cadres is so determined, the question of allotment of officers shall be addressed.As of today, certain guidelines have already been framed by the High Court for allotment of judicial officers. The Telangana Judges Association and the State of Telangana have certain suggestions with respect to the above mentioned guidelines. In other words, the guidelines are not agreeable to them in toto while they do not totally reject the guidelines. The State of Andhra Pradesh have accepted the guidelines.After some discussion, all the parties agree that if this court were to settle the guidelines, they will not press for the determination of legal questions raised in the case.However, the learned counsel for Telangana and Telengana Judges Association suggest that the guidelines should be issued by the Union of India. We, therefore, direct that the guidelines framed by the High Court be treated as draft guidelines. Parties to the case may make their suggestions with respect to the guidelines to the Union of India and the High Court within 4 weeks.Union of India shall examine the suggestions made by the parties and prepare draft guidelines after consulting the High Court. The draft guidelines shall be placed before the court at the next hearing for further orders..The order passed today is yet to be signed by the judges and will be finalised and signed after it is circulated amongst the parties for their perusal. The matter is listed for 10.30 am tomorrow..Interestingly, Justice Chelameswar, while hearing the case, reminisced that it is a High Court of great sentimental attachment to him since he practised there as a lawyer and was later elevated as a judge of the High Court..The Supreme Court, it would appear has turned this adversarial litigation into a settlement of sorts, with the object of ensuring that the judiciary of the two States function sans any hiccup. Whether its zeal in resolving the issue will bear fruits remains to be seen..Read the order below.
It has been nearly three years since the State of Telangana was formed. But, the issue of allocation of judges between the two States remainS unresolved..However, in what could be a major step towards resolving this issue, the Supreme Court today issued a slew of directions regarding the same..The directions were issued by a Bench of Justices Jasti Chelameswar and S Abdul Nazeer in a petition by Telangana Judges Association..Five Senior Counsel appeared for various parties to the case. Senior advocate Indira Jaising appeared for the petitioner association while Senior Advocate Harin P Raval appeared for the State of Telangana. Senior Advocate KK Venugopal appeared for the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh (High Court). Senior Advocate VVS Rao appeared for Andhra Pradesh while Additional Solicitor General Maninder Singh represented the Central government..The case in Supreme Court began with the petitioner association filing a writ petition seeking bifurcation of lower judiciary of erstwhile Andhra Pradesh in order to create Telangana Judicial Service..Subsequently, guidelines were framed by the High Court for allocation of judges between Andhra Pradesh and Telangana..One of the main objections of the petitioner Association and the State of Telangana with respect to the guidelines was regarding the authority of the High Court to frame such guidelines. Their stance was that the Central government is the appropriate authority to frame such guidelines for allocation of judges..When the matter was taken up for hearing today, the Court wanted to gauge the stance of parties regarding the guidelines. It wanted to know whether the parties were agreeable to the contents of the guidelines, or whether their objection was only to the source of the guidelines/ enacting authority..The Court also expressed its inclination to ensure that the matter is resolved fully..“If all the parties are agreeable that they have no objection to the contents of the guidelines but only to the legal sanctity/ source of the guidelines, then we can ask the Central government to put its stamp of approval”, remarked Justice Chelameswar..Justice Chelameswar then proceeded to ask the parties regarding their stance. While Andhra Pradesh stated that they have no objection to the contents or the source of the guidelines, Telangana Judges Association and State of Telangana took the stand that they have objection to the source of the guidelines. They submitted that the guidelines have to be framed by the Centre and not the High Court..Further, they also submitted that they have certain suggestions with respect to the contents of the guidelines thus indicating that the guidelines are not agreeable to them in toto..Besides, both the State of Telangana and the petitioner association also raised the crucial issue about cadre strength not being ascertained and cadres not being created..“The guidelines pertain only to the allocation of judges. Our fundamental grievance is that there are no cadres, which have been created or their strength determined. Only after cadres are created, these guidelines can be implemented”, submitted Jaising..The Court after hearing the parties proceeded to pass a slew of directions for resolving the issue..The following are, inter alia, the major directions issued by the Court:.Both States shall make assessment of the strength of cadres of judicial officers required in consultation with the High Court and frame Rules regarding the strength of the cadres. This exercise shall be concluded within four weeks from today.After the strength of the cadres is so determined, the question of allotment of officers shall be addressed.As of today, certain guidelines have already been framed by the High Court for allotment of judicial officers. The Telangana Judges Association and the State of Telangana have certain suggestions with respect to the above mentioned guidelines. In other words, the guidelines are not agreeable to them in toto while they do not totally reject the guidelines. The State of Andhra Pradesh have accepted the guidelines.After some discussion, all the parties agree that if this court were to settle the guidelines, they will not press for the determination of legal questions raised in the case.However, the learned counsel for Telangana and Telengana Judges Association suggest that the guidelines should be issued by the Union of India. We, therefore, direct that the guidelines framed by the High Court be treated as draft guidelines. Parties to the case may make their suggestions with respect to the guidelines to the Union of India and the High Court within 4 weeks.Union of India shall examine the suggestions made by the parties and prepare draft guidelines after consulting the High Court. The draft guidelines shall be placed before the court at the next hearing for further orders..The order passed today is yet to be signed by the judges and will be finalised and signed after it is circulated amongst the parties for their perusal. The matter is listed for 10.30 am tomorrow..Interestingly, Justice Chelameswar, while hearing the case, reminisced that it is a High Court of great sentimental attachment to him since he practised there as a lawyer and was later elevated as a judge of the High Court..The Supreme Court, it would appear has turned this adversarial litigation into a settlement of sorts, with the object of ensuring that the judiciary of the two States function sans any hiccup. Whether its zeal in resolving the issue will bear fruits remains to be seen..Read the order below.
