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28-January-2025-Special-Article

January 28 @ 7:00 am - 11:30 pm

AD-HOC JUDGES AND CASE PENDENCY IN INDIA’S JUDICIARY

The issue of mounting judicial backlog has prompted discussions about improving efficiency in India’s judicial system. A critical suggestion put forward by the Supreme Court is the temporary appointment of retired judges, known as “ad-hoc judges,” to help address the backlog of cases in High Courts. This mechanism could be an essential measure to combat the severe shortage of judges and expedite the judicial process.

Key Points Regarding Ad-hoc Judges

  • Ad-hoc Judges: These are temporary appointments made to the courts to manage specific needs, such as reducing case backlogs and addressing judicial vacancies.
  • Constitutional Provision: Article 224A of the Indian Constitution allows the Chief Justice of a High Court, with the President’s approval, to appoint retired judges as ad-hoc judges. The retired judges must consent to the appointment before being considered for the role.

Process of Appointment

  • Memorandum of Procedure (MOP): The 1998 MOP sets the procedure for appointing ad-hoc judges in High Courts. Once a retired judge agrees to serve, the Chief Justice of the concerned High Court forwards the proposal to the Chief Minister of the state, who then forwards it to the Union Law Minister.
  • Recommendation Process: The Law Minister consults the Chief Justice of India, and upon their approval, the recommendation is sent to the Prime Minister, who advises the President.
  • Supreme Court Ruling (2021): In the 2021 Lok Prahari v. Union of India case, the SC ruled that ad-hoc judge appointments must follow the collegium system, which involves consultations between the Chief Justice of India and two senior-most judges of the Supreme Court.

Criteria for Appointment

  • Vacancy Threshold: The process of appointing ad-hoc judges can only begin if more than 20% of the judge positions are vacant in a High Court.
  • Backlog Requirements: Over 10% of the cases should have been pending for more than five years.
  • Regular Appointments First: Ad-hoc judge appointments can only be initiated after efforts to fill permanent judicial vacancies have begun.

Tenure and Duties

  • Tenure: Ad-hoc judges are typically appointed for two to three years, based on the court’s needs. The number of ad-hoc judges can range from two to five depending on the backlog.
  • Judicial Work: These judges primarily hear older cases (over five years) and are restricted from engaging in other legal work, such as private practice or arbitration.
  • Emoluments: Ad-hoc judges receive salaries and allowances equivalent to permanent High Court judges, excluding pensions.

Previous Appointments

  • Historical Examples: A few ad-hoc judges have been appointed in the past under Article 224A, such as Justice Suraj Bhan (1972), Justice P. Venugopal (1982), and Justice O.P. Srivastava (2007).
  • Dormant Provision: The provision for appointing ad-hoc judges has rarely been used, leading to its description as a “dormant provision.”

Ad-hoc Judges in the Supreme Court

  • Article 127 Provision: This allows the Chief Justice of India to appoint High Court judges as ad-hoc Supreme Court judges when there is a lack of quorum. These appointments are made after consulting with the Chief Justice of the concerned High Court and obtaining the President’s consent. The ad-hoc Supreme Court judge enjoys the same powers as regular judges and prioritizes Supreme Court duties.

Case Pendency in India: A Growing Challenge

Current Situation

  • Pendency Numbers: As of 2024, India has over 51 million pending cases across its courts, including district and High Courts. Among these, around 169,000 cases have been pending for more than 30 years.
  • District Court Backlog: A large portion of the backlog (around 87%) is concentrated in district courts, which handle the majority of cases.
  • Disposal Rate Concerns: A 2018 NITI Aayog report estimated that clearing the backlog would take over 324 years if the current rate of disposal continues. Delays in the judiciary also cost the Indian economy an estimated 1.5% to 2% of GDP annually.

Global Context

  • Rule of Law Index (2023): India ranks poorly in terms of judicial efficiency, standing 111th in civil justice and 93rd in criminal justice globally. This highlights the urgent need to address delays in the legal system.

Reasons for Case Backlog

  • Judicial Shortage: There is a severe shortage of judges in India. As of early 2024, India’s High Courts had 783 judges, well below the sanctioned strength of 1,114. Additionally, over 5,000 district-level vacancies remain unfilled.
  • Infrastructure Gaps: Many district courts suffer from inadequate infrastructure, including poor technological support such as a lack of electronic display systems and video conferencing facilities.
  • Judicial Accountability: The existing impeachment process for addressing judicial misconduct is rarely invoked, and concerns about corruption and post-retirement appointments have led to calls for greater transparency in the judiciary.
  • Access Barriers: Legal costs, complex procedures, and language issues have made justice inaccessible to many, particularly marginalized groups. A large proportion of the prison population consists of undertrials, many of whom come from disadvantaged backgrounds.

Initiatives to Reduce Case Pendency

National Mission for Justice Delivery

  • Objective: Launched in 2011, this initiative aims to reduce judicial delays by enhancing infrastructure and leveraging technology to speed up legal proceedings.

e-Courts Project

  • Key Features: The e-Courts initiative uses ICT to streamline court processes, ensuring better transparency and efficiency. It includes setting up a wide area network (WAN) in court complexes and establishing virtual courts.

Tele-Law Program

  • Access for Disadvantaged Groups: Launched in 2017, this program provides legal advice to rural and underserved communities through mobile apps, phone, and video conferencing.

Alternate Dispute Resolution (ADR) Mechanisms

  • Promotion of ADR: The government has strengthened mechanisms like arbitration, mediation, and Lok Adalats to reduce the burden on courts and offer quicker resolutions.

Fast Track Courts

  • Focused Approach: Special courts have been established to expedite the trial of serious cases, such as those involving heinous crimes, women, and children.

Future Measures to Address Pendency

National Court of Appeal

  • Proposal: The Supreme Court proposed establishing a National Court of Appeal to handle Special Leave Petitions (SLPs), limiting the SC’s workload to constitutional matters, which would speed up the judicial process.

Dividing the Supreme Court

  • Law Commission Proposal (1981): The proposal suggests dividing the Supreme Court into Constitutional and Legal Divisions to prioritize constitutional cases and expedite the disposal of others.

Increasing Judicial Workdays

  • Recommendations: The Malimath Committee and Law Commission have recommended increasing the number of workdays for the Supreme Court to reduce the backlog.

Judicial Infrastructure Authority

  • Proposed by CJI NV Ramanna: The establishment of a National Judicial Infrastructure Authority of India (NJIAI) is aimed at addressing the critical infrastructure gaps in the judicial system.

Conclusion

While ad-hoc judges are a promising solution to tackle the growing backlog of cases, long-term structural reforms, infrastructure upgrades, and efficient case management practices are essential to ensuring timely justice for all citizens in India.

Mains Question:

  1. “Discuss the role and significance of ad-hoc judges in addressing the backlog of cases in India’s judiciary. How can this mechanism contribute to judicial reforms?” (150 WORDS)

Details

Date:
January 28
Time:
7:00 am - 11:30 pm
Event Category:
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