CJI Surya Kant Recalls Bar Opposition to Ad Hoc Judges Plan
Supreme Court initiative to bring retired judges back to High Courts stalled after bar associations passed resolutions opposing the move.
GG News Bureau
New Delhi, 30th Oct: Chief Justice of India (CJI) Surya Kant has recalled how opposition from bar associations prevented the Supreme Court’s initiative to revive the appointment of retired judges as ad hoc judges in High Courts.
Speaking during a hearing on the seniority of judicial officers in Rajasthan, the CJI said the idea was developed when he was part of a bench headed by former CJI S.A. Bobde. However, the proposal could not move forward after bar associations began passing resolutions against it.
“We while on a bench headed by the then CJI Bobde virtually revived the practice of appointing ad hoc judges from among retired judges,” Surya Kant said.
He added that the bench had hoped to bring the practice back into regular use, but the opposition from bar associations made it difficult to implement. The court observed that no High Court Chief Justice could risk antagonising the bar.
The observations were made by a bench comprising CJI Surya Kant and Justices Joymalya Bagchi and V. Mohana.
Retired judges’ experience discussed
Justice Bagchi said the failed initiative had left some retired judges in a difficult position. According to him, several judges had refrained from accepting private assignments because they expected to be appointed as ad hoc judges.
He noted that some retired judges had offered their services but remained without such appointments, despite having held back from taking up other professional opportunities.
Justice Bagchi also recalled meeting a woman judge in the United States, highlighting how judicial expertise could continue to be utilised beyond retirement. He said the value of judicial resources was precious.
CJI Surya Kant, meanwhile, recounted an interaction with a judicial officer who had resigned after serving for several years and later returned to legal practice. The officer had expressed concern that the retirement benefit under the new pension rules would be limited to around ₹25,000 per month.
“How do you think I am going to survive?” the officer had asked, the CJI recalled.
What Article 224A provides
Article 224A of the Constitution empowers the Chief Justice of a High Court, with the consent of the President, to request a retired judge of that or another High Court to sit and act as a judge of the High Court.
The provision offers a constitutional mechanism for bringing experienced retired judges back to judicial service.
