New Delhi: Chief Justice of India Surya Kant has recalled how opposition from bar associations prevented the Supreme Court from reviving the practice of appointing retired judges as ad hoc judges in High Courts, highlighting concerns over the loss of valuable judicial experience.
The CJI said the initiative was considered when he served on a bench headed by former Chief Justice of India S.A. Bobde. The proposal aimed to bring experienced retired judges back into judicial service to help utilise their expertise.
However, the initiative failed to gain momentum after bar associations began passing resolutions opposing the appointments. The Supreme Court observed that no Chief Justice could risk antagonising the bar, pointing to the influence of such opposition on the implementation of the proposal.
The observations were made by a bench comprising CJI Surya Kant and Justices Joymalya Bagchi and V. Mohana while hearing a matter concerning the seniority of judicial officers in Rajasthan.
Justice Bagchi highlighted the difficulties faced by retired judges who had offered to return to judicial service. Some had reportedly refrained from accepting private assignments because they expected to be appointed as ad hoc judges.
The judge described the situation as unfortunate, noting that the failure to implement the proposal had left these judicial officers without the anticipated opportunity to continue serving the judiciary.
He also recalled an interaction with a woman judge in the United States, which highlighted how judicial expertise could continue to be utilised beyond the conventional retirement age.
Emphasising the importance of experienced judicial personnel, Justice Bagchi observed that judicial resources were extremely valuable and should not be wasted.
CJI Surya Kant also recounted an interaction with a judicial officer who had resigned after serving for several years before returning to legal practice. The officer had expressed concerns about financial security under the new pension rules, questioning how he would manage with a monthly retirement benefit of just Rs 25,000.
The discussion highlighted broader concerns about retaining judicial experience and ensuring adequate financial security for retired judicial officers.
Article 224A of the Constitution provides a mechanism for appointing retired judges to serve as ad hoc judges in High Courts. Under the provision, a High Court Chief Justice may request a retired judge of that or another High Court to sit and act as a judge, subject to the President’s consent.
