Supreme Court allows appointment of retired judges to High Courts on an ad hoc basis

13 hours ago 1

Supreme tribunal judges The April 2021 bid said the trigger for recourse to Article 224A would not originate lone successful lawsuit the vacancies transcend 20 per cent. (Express File Photo)

The Supreme Court Thursday relaxed its earlier information to name advertisement hoc judges successful High Courts to wide the backlog of pending transgression cases, and said vacancies successful HCs needn’t beryllium much than 20 per cent of its sanctioned strength.

A seat of Chief Justice of India Sanjiv Khanna and Justices B R Gavai and Surya Kant said the advertisement hoc judges volition beryllium connected a seat presided implicit by a sitting justice of the High Court, and determine pending transgression appeals.

In April 2021, the Supreme Court issued directions allowing the assignment of advertisement hoc judges nether Article 224 of the Constitution “to woody with the unprecedented concern arising from the backlog of cases pending successful the High Courts.”

Article 224A deals with the assignment of retired Judges astatine sittings of High Courts. “The Chief Justice of a High Court for immoderate State, whitethorn with the erstwhile consent of the President, petition immoderate idiosyncratic who has held the bureau of a Judge of that Court oregon of immoderate different High Court to beryllium and enactment arsenic a Judge of the High Court for that State, and each specified idiosyncratic truthful requested shall, portion truthful sitting and acting, beryllium entitled to specified allowances arsenic the President whitethorn by bid find and person each the jurisdiction, powers, and privileges of, but shall not different beryllium deemed to be, a Judge of that High Court,” it says.

The April 2021 bid said the trigger for recourse to Article 224A would not originate lone successful lawsuit the vacancies transcend 20 per cent. It had besides said that “for the clip being babelike connected the spot of the High Court and the occupation faced by the Court, the fig of advertisement hoc Judges should beryllium successful the scope of 2 to 5 successful a High Court.”

On Thursday, the SC seat ordered that “each High Court whitethorn name advertisement hoc judges by taking recourse to Article 224A for assignment of advertisement hoc judges betwixt 2 to 5 successful fig but not exceeding 10 per cent of the sanctioned strength.” Accordingly, it said that its directions successful paragraphs 43, 54 and 55 of the April 2021 judgement, which spoke astir the 20 per cent vacancy requirement, beryllium kept successful abeyance.

The April 2021 judgement besides allowed the HCs to represent Division Benches comprising lone advertisement hoc judges “because these are aged cases which request to beryllium taken up by them”. Thursday, however, the SC said that “the advertisement hoc judges volition beryllium successful a seat presided implicit by a sitting justice of the High Court and determine pending transgression appeals.”

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The seat besides made it wide that the Memorandum of Procedure which lays down a process for assignment nether Article 224A volition beryllium applied.

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