The Supreme Court’s recent decision to allow high courts to appoint retired judges on an ad hoc basis under Article 224A aims to address the mounting backlog of cases. However, while this move may provide temporary relief, it could also have unintended consequences, such as hindering the appointment of fresh legal talent.
The Need for Ad Hoc Judges
The process of appointing new high court judges is notoriously slow, involving multiple levels of approval from the chief justice, senior judges, state officials, and the central government. Delays in clearing judicial appointments have worsened the backlog in high courts, prompting the Supreme Court to invoke Article 224A. This provision allows high courts to recall retired judges with the President’s approval to assist in clearing pending cases.
Despite its constitutional validity, Article 224A has rarely been used. Notable instances include the appointment of Justice Suraj Bhan in 1972 (Madhya Pradesh HC), Justice P. Venugopal in 1982 (Madras HC), and Justice O.P. Srivastava in 1983 (Allahabad HC). The increasing backlog has led the judiciary to reconsider this measure as a temporary solution.
Potential Benefits and Concerns
✔ Speeding Up Case Disposal – Retired judges bring experience and efficiency, enabling quicker resolution of pending cases.
✔ Temporary Relief – Given the delays in judicial appointments, ad hoc judges can serve as an interim solution.
However, concerns remain:
✖ Blocking Fresh Appointments – The reliance on retired judges could reduce pressure on the government to appoint new judges, ultimately limiting opportunities for young legal talent.
✖ Judicial Stagnation – Regularly appointing retired judges might discourage reforms in the judicial appointment process, leading to a cycle of dependency.
Balancing Efficiency and Long-Term Solutions
While appointing retired judges can provide short-term relief, it should not become a substitute for long-overdue judicial reforms. The real solution lies in streamlining the appointment process, ensuring vacancies are filled on time, and expanding the judiciary’s capacity to handle cases effectively.
Author: This news is edited by: Abhishek Verma, (Editor, CANON TIMES)
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