The SC on Thursday finalised its view on recalling retired high court judges to function ad hoc for a fixed tenure to help clear the huge backlog of cases but said re-engagement of former HC judges would not be in lieu of regular vacancies in an HC, reports Dhananjay Mahapatra.
A bench of CJI S A Bobde and Justices Sanjay K Kaul and Surya Kant asked additional solicitor general Rupinder Singh Suri to file an affidavit detailing the Centre’s view on how to shorten the procedure for appointment of ad hoc judges.
Article 224A of the Constitution provides that “the chief justice of an HC 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 HC to sit and act as a judge of the HC for that state.”
Following a debate on the procedure, the bench came around to the view the appointments could not be left only to the HC CJ and the President, and that the SC collegium would have to be kept in the loop for employment of retired judges.