Overview
The Chief Justice of India, Surya Kant, revealed that retired High Court judges are hesitant to return to the Bench as ad hoc judges to address the significant backlog of criminal cases. The primary reason cited is their “embarrassment” at serving as junior judges alongside younger, serving colleagues. This issue impacts the effectiveness of using Article 224A of the Constitution, which allows for the appointment of retired judges to clear pending cases.
Key Developments
- High Court Backlog: As of December 15, there are 298 vacancies in High Courts against a sanctioned strength of 1,122 judges.
- Criminal Case Pendency: Data from the National Judicial Data Grid shows 1,898,833 criminal cases pending in the 25 High Courts, with 1,296,374 cases pending for over a year.
- Supreme Court Intervention: In January, the Supreme Court activated Article 224A to allow Chief Justices of High Courts to appoint retired judges as ad hoc judges.
- Response: The response from High Courts has been lukewarm, with many not sending names for appointment.
Reasons for Reluctance
The reluctance stems from two main issues:
- Retired Judges' Perspective: They feel embarrassed to sit as junior judges with serving judges on Division Benches.
- Serving Judges' Perspective: Some serving judges question why they should sit with a retired person heading the Bench.
Proposed Solutions and Observations
- Attorney General's Suggestion: R. Venkataramani suggested internal discussions among Chief Justices and colleagues to reach an understanding.
- Court's Clarification: The court clarified that Chief Justices have the discretion to constitute Benches with ad hoc and sitting judges, deciding who presides in a manner agreeable to both. Single Judge Benches of ad hoc judges are also permissible.
- Justice Bagchi's Observation: The recruitment process and tenure of ad hoc judges need to be “fine-tuned.”
Exam Relevance
This news is relevant to GS2 (Polity and Governance), specifically concerning the functioning of the judiciary, judicial reforms, and constitutional provisions. The discussion around Article 224A and the challenges in its implementation are crucial for understanding the issues plaguing the Indian judicial system.
Important Facts
- Article 224A: Allows appointment of retired High Court judges as ad hoc judges.
- Pendency of Cases: Over 1.2 million criminal cases pending for over a year.
- Vacancies: 298 vacancies in High Courts as of December 15.
- Key Individuals: Chief Justice Surya Kant, Attorney General R. Venkataramani, Justice Joymalya Bagchi.