In a significant step to tackle the mounting number of cases, a conference of chief ministers and chief justices of high courts on Sunday adopted a resolution to invoke a constitutional provision to appoint retired judicial officers as ad-hoc judges.
Chief Justice of India (CJI) T S Thakur announced here that the conference adopted a resolution that Article 224 A will be invoked to allow chief justices of high courts to appoint retired judicial officers as ad-hoc judges.
“There is a provision in the Constitution. It means that it is meant to be invoked,” he said.
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Article 224 A states the Chief Justice of a high court, with previous consent of the President (Centre), can request any person who has held the office of a judge of that court or any other high court to act as a judge of the high court for that state.
There are a number of cases pending including those in the Supreme Court (SC) and the 24 high courts and various subordinate courts.
He said these ad-hoc judges will tackle criminal cases where appeals have not been heard for the past five years.
These judges will be appointed for two years or to the time they attain the age of 65.
The CJI said they can also preside over ‘holiday courts’ on Saturdays and Sundays.
The conference also resolved that vacancies will be filled up in lower courts and the cadre strength will be increased by 10 per cent per annum till the review of the cadre strength is carried out in the near future.
According to latest law ministry figures, the approved strength of the subordinate judiciary is 20,214 with 4,580 vacancies. The approved strength of the 24 high courts is 1,056 and vacancies were pegged at 458 as on March 1.
In the apex court, there are six vacancies against the sanctioned strength of 31 judges, including the CJI.
SC collegium to decide on revised procedure
The SC collegium will respond next week to the government on revised memorandum of procedure, a document to guide appointment of judges to the apex court and the high courts, Chief Justice of India T S Thakur said.
He said the document, prepared by the government to enhance transparency in judicial appointments, will be sent back to the Centre next week with the collegium’s comments.