CHENNAI: For over a week now, the Madras high court is functioning without a Chief Justice, creating a constitutional crisis in one of the oldest high courts in the country. Former Madras high court judge K Chandru said this points to the failure of the Union law ministry in addressing the issue by at least appointing an acting Chief Justice.
Vijaya Tahilramani on September 6 tendered her resignation, protesting her transfer to the Meghalaya High Court. She has stayed away from the court proceedings since Monday. The Collegium has not made public whether the Chief Justice’s resignation has been accepted or she continues to hold the post. The Registrar General, along with 14 other registrars, is handling the day-to-day administration of the high court.
Terming the situation as a constitutional crisis, Chandru said the Union law ministry has failed to act. “The absence of the Chief Justice for more than five days, requires the appointment of acting chief justice. However, the union law ministry that holds the responsibility of making appointments in the higher judiciary, has still not carried out the process,” said Chandru. When queried about the issue, a senior judiciary official said,”The Presidential order is being awaited for the appointment of the new Chief Justice. It is delayed as the President is on a tour abroad.”
Chandru opined that absence of the President should not be a hurdle since his consent could also be obtained electronically. “A consultation process from the central government with the Governor, has to be initiated over the appointment of the Chief Justice of the Madras HC but nothing has been initiated so far,” Chandru said.He said the State government also has all the authority to take the issue to the central government to expedite the appointment of the Chief Justice. However, both of them are casually treating the issue,
The Collegium had recommended that Chief Justice AK Mittal, who presently heads the Meghalaya High Court, be appointed as Chief Justice of the Madras high court. This recommendation is yet to be approved by the Central government.