The government has taken a “policy decision” to not appoint retired judges in high courts on an ad-hoc basis unless the present vacancies are filled up.
In regards to the appointment of retired Supreme Court judges in the Apex court for swift disposal of cases, the government has drawn out parameters which “require to be addressed” before taking a final decision in this regard, said people with direct knowledge of the matter. Former Chief Justice of India Ranjan Gogoi, in a letter written to Prime Minister Narendra Modi in June this year, had emphasized the need to make tenure appointments of retired Supreme Court and High Court judges in Supreme Court and High Courts respectively to clear a backlog of cases hanging fire for years.
While the government has taken a “policy decision” on not appointing ad-hoc Judges in High Courts without first filling up existing vacancies, the government is still to take a final call on the matter of appointing retired Supreme Court judges in the Apex Court. The important parameters of appointment of retired SC judges in the Supreme Court require consideration of “age, duration of engagement and disengagement, remuneration, performance evaluation, verification on post-retirement activities and accountability structure,” said people with direct knowledge of the matter.
Tenure appointments of retired Supreme and High Court judges are allowed under Articles 128 and 224A of the Constitution for the disposal of pending cases.
Former CJI Ranjan Gogoi, in a separate letter in June to the Prime Minister, had also raised concern over the rising menace of pendency in the top Court (58,669).
It might be mentioned here that the idea of appointing retired judges on an ad-hoc basis was mooted in April 2016 during the annual Chief Justices’ Conference.
The notion was originally suggested by the then Law Minister Sadananda Gowda in a letter, dated September 21, 2015, to the then Chief Justice of India (CJI) HL Dattu.
Source – Theeconomictimes