Case Note & Summary
The Supreme Court of India addressed the pressing issue of a significant backlog of cases in High Courts, which had exceeded 57 lakh cases, alongside a vacancy rate of nearly 40%. The petitioner, Lok Prahari, argued that the situation necessitated the activation of Article 224A of the Constitution, which allows for the appointment of retired judges as ad hoc judges. The court reviewed the historical context of Article 224A, noting its initial introduction and subsequent dormancy, while emphasizing the need for its application in light of the current judicial crisis. The court highlighted the importance of a dynamic Constitution and the necessity for innovative solutions to tackle the backlog. It discussed the procedural aspects of appointing ad hoc judges, including the requirement for consent from the retired judges and the role of the Chief Justice of the High Court in making recommendations. The court also referenced various judicial precedents that clarified the jurisdiction and privileges of ad hoc judges. Ultimately, the court concluded that activating Article 224A was essential to address the backlog and that the appointment of ad hoc judges should not hinder the regular appointment process. The court proposed guidelines for the effective utilization of this provision and emphasized the need for a continuing mandamus to ensure its implementation.
Headnote
A) Constitutional Law - Appointment of Ad Hoc Judges - Activation of Article 224A - Constitution of India, 1950, Article 224A - The Supreme Court emphasized the need to utilize Article 224A to appoint retired judges as ad hoc judges to address the backlog of cases in High Courts, which had reached unprecedented levels. The court held that this provision should not remain dormant and can be employed to alleviate the current judicial crisis (Paras 1-2).
Issue of Consideration
Whether to activate Article 224A for appointing ad hoc judges to address the backlog of cases in High Courts.
Final Decision
The Supreme Court held that Article 224A should be activated to appoint ad hoc judges to address the backlog of cases in High Courts. The court emphasized that this provision should not remain dormant and proposed guidelines for its effective implementation.
Law Points
- Constitutional provisions
- Article 224A
- appointment of ad hoc judges
- judicial vacancies
- backlog of cases
