The Supreme Court expressed regret that its 2021 initiative to appoint retired judges to clear mounting dockets has mostly stayed on paper. Alongside pushback from bar associations, the bench observed that former judges often prefer private practice or arbitrations over temporary posts. This stalling occurs as high court pendency surpasses 65 lakh cases, despite the court diluting earlier restrictions on January 30 to permit up to five ad hoc judges per court.
Key points
Bar association resolutions opposing ad hoc appointments have stalled the implementation…: Bar association resolutions opposing ad hoc appointments have stalled the implementation of Article 224A.
Lucrative post-retirement opportunities in arbitration and legal opinion work discourage…: Lucrative post-retirement opportunities in arbitration and legal opinion work discourage former judges from accepting temporary judicial roles.
Relaxed guidelines on vacancy percentages have failed to overcome the broader administrat…: Relaxed guidelines on vacancy percentages have failed to overcome the broader administrative deadlock in tackling aged case backlogs.
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SC lamented that its 2021 judgment to re-engage retired judges as ad hoc high court judges under Article 224A remains on paper due to resistance from bar associations
NEW DELHI: With case pendency exceeding 65 lakh in high courts, Supreme Court Thursday lamented that its 2021 judgement for re-engaging retired judges as ad hoc high court judges under Article 224A to speed up case disposal remained on paper, despite having been diluted, because of resistance from bar associations.Dealing with a case related to pension of judges, a bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana said the attempt to avail services of some retired judges with impeccable integrity to speed up disposal of cases in HCs has not fructified as bar associations are passing resolutions against such appointments.“Retired high court judges have established lucrative practices in Supreme Court or are enjoying better gains in conducting arbitration proceedings or in writing opinions. They are reluctant to become ad hoc judges,” said Justice Bagchi.In 2021, the apex court had activated the dormant Article 224A of Constitution and issued…
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