Appointment of retired judges

The Union Law Ministry has finally approved a proposal for reappointment of retired high court judges to deal with mounting pending cases.

The initiative was discussed and endorsed at a joint conference of Chief Ministers and Chief Justices in April, but Law Minister Ravi Shankar Prasad has finalized minutes of the meeting only now following clearance.  It is work remembering that the erstwhile Law Minister Arun Jaitely Under the approved proposal, the services of retired HC judges with proven integrity and track record can be availed of under Article 224-A of the Constitution. The approval comes at a time when the HCs are functioning with 50-60 per cent the sanctioned strength of judges and the judiciary is grappling with more than 30 million pending cases. Under the approved proposal, the services of retired HC judges with proven integrity and track record can be availed

Art. 224-A of the Constitution of India runs like this: 224 A. Appointment of retired Judges at sittings of High Courts.- Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:

Provided that nothing in this article shall be deemed to require any such person as previously mentioned to sit and act as a Judge of that High Court unless he consents so to do

No dishonest-corrupt and work shirkers should be reappointed. In the judiciary, all know who are of such character.

Justice Mukul Mudgal, who retired as Chief Justice of Punjab and Haryana High Court, said: “The move is welcome as the appointment of regular judges takes a long time. Those at the helm should decide on the age cap, say 70-75 for the purpose.”

Senior advocate CS Vaidyanathan said hiring retired HC judges would not come in the way of filling existing vacancies. The ad hoc appointment of retired judges would be over and above the full sanctioned strength of HC judges, he explained.

Such judges may be given cases for hearing of second civil appeals and first civil appeals. They may also be given cases of IPC and allied offences in with DB hearing are not necessary. This will result in a fact that person aggrieved will have to approach the Supreme Court only.

They may be posted beyond the state from where they were retired so that they may enjoy fresh and different type of work.

Now the ball is in the courts of Chief Justices of the High Courts. They should write letters to the President of India immediately so that appointments may not be held up. And if they do not write, it will mean that they are not in need of any more judges in their High courts are they are under influence of Collegium system.