Rehiring of Retired Judges on Centre's Mind

To reduce pendency of cases, the government is considering re-employing judges on an ad hoc basis.

Published: 10th April 2016 08:12 AM  |   Last Updated: 10th April 2016 08:12 AM   |  A+A-

NEW DELHI: To cut down pendency of cases, the government—in consultation with Chief Justice of India (CJI) T S Thakur—is considering ad hoc appointments of retired judges to improve the system. The proposal will be discussed at the Chief Justices and Chief Ministers Conference slated this month-end.

Article 128 of the Constitution empowers the CJI to request a former judge of the Supreme Court or High Court who is qualified for appointment as a Supreme Court judge, to act as a judge of the apex court, with the consent of the President.

Currently, the government appoints retired judges as chairpersons of tribunals.

Rehiring.jpgThe proposal is backed by a Law Commission report, which states: “These retired judges constitute a pool of rich talent which requires to be fully utilised. They have sharpened decision-making process, which is an asset. Art of adjudication is in their blood. Court processes and court procedure are handy to them. They have acquired a certain expertise in dealing with matters civil, criminal, tax, labour and constitutional, coming before them.”

According to a study by Vidhi, a centre for legal policy, Supreme Court is busy hearing fresh appeals on a daily basis, and cases which are more than five years old are increasing by leaps and bounds. There is urgent need of dispose off the old cases.

“Such ad hoc appointments inspire confidence as a temporary measure to reduce the cumbersome workload, without compromising the quality of justice delivery,” said a official involved with the proposal.

The ad hoc appointment of retired judges will also allow setting up specialised courts without diluting the strength of justices of the Supreme Court.

The proposal will include how the vacancy of high court judges across the country will be met and measures to be followed for future vacancies and increasing workload of cases.

Stay up to date on all the latest The Sunday Standard news with The New Indian Express App. Download now


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp