Supreme Court Urges Appointment of Retired Judges

The pivotal Supreme Court of India has suggested a new way to tackle the ever-increasing pile of pending cases in High Courts across the nation. The solution? Appointing retired judges, armed with years of expertise, who can expediently handle cases and contribute to easing the judicial backlog. This proposition is anchored in an attempt to fundamentally streamline the current judiciary system and contribute to its efficiency.

Supreme Court’s Proposed Guidelines for Appointment of Ad-hoc Judges

The Supreme Court’s role in this judicial reformation involves outlining potential guidelines for the appointment and functioning of ad-hoc judges. The recommendation suggests that if in any jurisdiction the pendency exceeds a certain limit (like eight or ten years), the Chief Justice should appoint a retired judge with the necessary expertise to serve as an ad hoc judge.

It’s worth noting that the term of an ad hoc judge may be extended and their position will be treated as junior-most so as not to threaten the services of other active judges.

Selection Criteria and Advantages

One of the most substantial elements of the Supreme Court’s suggestion centres around the selection process and its attached benefits. Selection is determined by a retired judge’s proficiency in a particular field of dispute. Upon the resolution of the identified dispute, the judge is allowed to retire.

The experience of retired judges comes into play here, as they can efficiently resolve cases they’ve been dealing with for over 15 years.

Support from the Constitution

Interestingly, the proposal is entrenched in existing constitutional provisions. Specifically, Article 224A stipulates the appointment of retired judges in High Courts sittings. It allows the Chief Justice of any state’s High Court, with the prior consent of the President, to request any former officer of that court to act as a judge.

Why Such a Solution is Necessary

The issue of case pendency in Indian courts is a multifaceted problem. Major causes include the government being the biggest litigant, with poorly drafted orders leading to contested tax revenues equating to 4.7% of GDP; lower than average allocation of budget to the judiciary (between 0.08 and 0.09% of GDP); a common practice of seeking adjournments in lower courts; lack of judicial impact assessment while forming new legislations; and significant delay in judicial appointments.

This has resulted in almost 419 vacancies in High Courts as of March 2021, against a sanctioned strength of 1080 judges.

Streamlining the Appointment Process

A key step towards improvement is streamlining the appointment system. The number of pending cases can only be reduced if replacements and reinforcements are available expeditiously. This implies that a proper timeframe for judge appointments needs to be introduced, with recommendations given in advance.

Technological Advancement and Out-of-court Settlements

As public awareness about legal rights increases so too does the number of court cases. Hence, training judicial officers, filling vacancies promptly, and the adoption of artificial intelligence technology is essential. Additionally, resolving every dispute within the court premises isn’t mandatory. Alternate dispute resolution mechanisms like mediation, conciliation, or arbitration should be promoted. For this, necessary acts such as the arbitration and conciliation act have been amended multiple times over the years.

In a nutshell, the appointment of ad-hoc retired judges can be a highly valuable initiative to mitigate the piling up of cases in India’s High Courts.