LAST month, the Bombay High Court questioned the Maharashtra Government on the staff vacancies of doctor in the state’s 47 prisons. Almost one-third of the sanctioned posts are lying vacant in t
Posting Retired HC Judges on Ad-Hoc Basis Will Not Address the Judiciary s Systemic Problems
There is a need to address larger systemic inefficiencies in the listing of cases, ensuring effective hearings and implementing case flow management.
Representative image. Photo: Allen Allen/Flickr CC BY 2.0
Rights14/May/2021
A recent decision of the Supreme Court of India laid down guidelines for the chief justices of high courts to invoke Article 224A of the constitution to appoint retired high court judges on an ad-hoc basis. While many may breathe a sigh of relief in the backdrop of a high number of vacancies, delayed appointments and mounting arrears owing to limited functioning during the pandemic, it is critical to first understand the change that is likely to result from this judgment in practice.
What Is Stopping Our Justice System From Tackling the Cases Pending Before Courts?
Data shows that over the last 15 years, there has been an astounding increase of about 14.2 million cases pending in high courts and district courts â an increase of almost one million per year.
Illustration: Pariplab Chakraborty
Rights12/May/2021
This is the second article in a two-part series on issues plaguing Indiaâs judicial system. You can read the first part here.Â
The second major problem facing the justice system is the number of pending cases. Exactly how many cases are pending in the courts across the country? Perhaps the most reliable figures (but not necessarily 100% accurate) are in the National Judicial Data Grid (NJDG) which is an interactive page on the ecourts website â even though this plays truant sometimes. On accessing the NJDG, the information available is that 5.75 million cases are pending in the high courts (HCs) across the country, and 38.15 million cas
Clarifying that appointment of ad hoc judges would not be against vacancies in the sanctioned strength of judges in an HC, a bench of Chief Justice S A Bobde and Justices S K Kaul and Surya Kant took the historic step to chart out structured implementation of Article 224A.
NEW DELHI: Activating Article 224A of the Constitution that had been dormant for 58 years, the Supreme Court on Tuesday allowed high court chief justices to start appointing retired HC judges as ad hoc judges for two to five years if the HC faced pendency of a large number of cases.
Clarifying that appointment of ad hoc judges would not be against vacancies in the sanctioned strength of judges in an HC, a bench of Chief Justice S A Bobde and Justices S K Kaul and Surya Kant took the historic step to chart out structured implementation of Article 224A, which was there in the original Constitution adopted in 1949 but was deleted in 1956 only to be reintroduced in 1963.
CJI S.A. Bobde s Legacy: Two Orders That Could Reduce Pendency in HCs
By fixing timelines for each stage in the process of appointing HC judges, and by activating a dormant provision of the Constitution (Article 224A), the SC has sought to fix responsibility for undue delays on the respective stakeholders.Â
CJI Bobde and the Supreme Court. Photos: PTI
Law5 hours ago
New Delhi: The outgoing Chief Justice of India, S.A. Bobde, who is retiring on April 23, delivered two orders on Tuesday, as part of the bench presided by him, which can help to reduce pendency of cases in the high courts.