Pendency of mounting case arrears: SC for paving rules for ad hoc judges

NEW DELHI: The Supreme Court on Thursday said it was intending to lay down guidelines for the appointment of ad-hoc judges in the High Courts to tackle the problem of mounting case arrears.

A bench headed by CJI S A Bobde was informed that many high courts have supported the proposition to appoint ad hoc judges to overcome vacancy crisis.

The submission was made in view of the inordinate delay by the Centre in forwarding proposals to the SC collegium for scrutiny.

The Madras, Calcutta and Karnataka HCs said there is no need for ad hoc judges right now. 

However, counsel for MP, Madras and Kerala said if the recommendation made by the HC chief justice for an ad hoc judge is sent to the government and the latter takes its own time to clear, the purpose to have ad hoc judges will be frustrated.

Such proposals should be referred to the President directly, they said. 

Though Centre did not oppose the idea, but cautioned that recommendation for ad hoc judges should not be done in lieu of making regular appointments.

Additional Solicitor General RS Suri emphasised that the due process  must be followed to appoint ad hoc judges, which would require both the collegium and Centre to be in the loop.

The bench asked the lawyers for all high courts to hold deliberations and chalk out a common protocol to appoint ad hoc judges.