The Supreme Court of India plays a pivotal role in ensuring justice and maintaining the constitutional framework. One of its crucial responsibilities is overseeing the functioning of High Courts across the country. In a significant move, the Supreme Court has recently relaxed the conditions for appointing ad hoc judges in High Courts, addressing the long-standing issue of judicial vacancies and backlog of cases. This decision has implications for the Indian judicial system, particularly in enhancing the efficiency of High Courts.
This eBook explores the Supreme Court’s decision, its background, implications, and impact on judicial administration, particularly for UPSC aspirants preparing for the judiciary and polity sections of the exam.
The appointment of ad hoc judges is governed by Article 224A of the Indian Constitution, which allows retired High Court judges to be appointed as ad hoc judges in High Courts when there is a need to clear pending cases. This provision is invoked in cases where:
In April 2021, the Supreme Court issued guidelines for appointing ad hoc judges under Article 224A to tackle the backlog of cases in High Courts. However, strict conditions limited their appointment, resulting in fewer ad hoc judges being appointed than required.
Relaxation of Conditions
In a recent ruling, the Supreme Court has eased the stringent conditions previously imposed for appointing ad hoc judges. The changes include:
Reducing the Requirement of Pendency: Earlier, ad hoc judges could only be appointed if the pendency of cases exceeded 5 lakh in a High Court. Now, this threshold has been relaxed, allowing for a more flexible approach based on case backlog.
Streamlining the Appointment Process: The new guidelines allow Chief Justices of High Courts to recommend ad hoc judges without waiting for extreme vacancies in sanctioned strength.
Extended Term of Appointment: Previously, the term of an ad hoc judge was strictly two years. The Supreme Court has now permitted extensions based on necessity, ensuring continuity in adjudication.
Avoiding Bureaucratic Delays: The Supreme Court has mandated that recommendations for ad hoc appointments should be processed quickly to avoid unnecessary administrative hurdles.
Increased Autonomy to High Court Chief Justices: The decision empowers the Chief Justices of High Courts to make timely recommendations without excessive central intervention.
1. Judicial Backlog
Over 59 lakh cases are pending in 25 High Courts across India.
The disposal rate of cases is much lower than the rate of new filings.
A large number of pending cases involve constitutional and legal interpretation, delaying justice.
2. Vacancy Crisis in High Courts
The sanctioned strength of High Court judges is around 1,114, but nearly 400 positions remain vacant.
Regular judicial appointments take a long time due to complex clearance procedures.
The shortage of judges has led to increased workload and inefficiency.
3. Speeding Up Justice Delivery
The prolonged delay in resolving cases affects the fundamental right to a speedy trial under Article 21 of the Constitution.
Many commercial disputes, criminal appeals, and constitutional matters remain unresolved for years.
The appointment of ad hoc judges will help speed up case resolution.
4. Optimal Utilization of Experienced Judges
Several retired High Court judges are experienced and competent to continue serving.
Their expertise can be effectively utilized to clear pending cases.
The decision ensures that judicial experience does not go to waste.
The Supreme Court’s decision aligns with:
The move is also in line with the Doctrine of Judicial Necessity, which states that courts must take extraordinary measures to ensure the proper functioning of the judicial system.
Cyclones can have devastating impacts, including:
1. Positive Impact on Judicial System
Helps reduce backlog of cases.
Improves the efficiency of the High Courts.
Ensures faster disposal of important constitutional matters.
2. Greater Access to Justice
Litigants will not have to wait years for justice.
Poor and marginalized sections will benefit from quicker adjudication.
Commercial disputes will be resolved efficiently, boosting investor confidence.
3. Strengthening the Judiciary
Enhances judicial independence by allowing High Courts to function without excessive delays.
Provides continuity and stability in case adjudication.
Helps reduce the burden on existing judges, allowing them to focus on complex matters.
4. Challenges and Concerns
Financial Burden: Payment of salaries and allowances to ad hoc judges could add to judicial expenditure.
Temporary Fix: Some critics argue that this is a short-term solution, and regular appointments should be prioritized.
Implementation Issues: Smooth coordination between High Courts and the Union Government is essential.
Loss of Life and Property: High winds, heavy rainfall, and storm surges can lead to significant loss of life and property damage.
Agricultural Damage: Cyclones can destroy crops, leading to food shortages and economic loss for farmers.
Infrastructure Damage: Cyclones can damage roads, bridges, power lines, and other critical infrastructure.
Flooding and Erosion: Heavy rains and storm surges can cause flooding and coastal erosion, leading to long-term environmental damage.
To further strengthen the judiciary, additional reforms can be considered:
The Supreme Court’s decision to relax conditions for appointing ad hoc judges is a major step towards judicial efficiency. It will help in clearing pending cases and ensuring timely justice, which is essential for upholding constitutional principles. However, for long-term reform, a holistic approach involving regular appointments, better infrastructure, and technological advancements is necessary.
For UPSC aspirants, this topic is highly relevant under Polity, Governance, and Judiciary, and understanding its implications will be beneficial for Prelims, Mains (GS-II), and Essay writing.
Key Takeaways for UPSC
Article 224A and the role of ad hoc judges.
Judicial backlog and vacancy crisis in High Courts.
Supreme Court’s ruling and its impact on justice delivery.
Challenges and reforms needed in the Indian judiciary.
The Supreme Court’s proactive stance on judicial appointments marks a significant step towards judicial efficiency and access to justice, making it a crucial topic for UPSC preparation.
Maximize the benefits of mock tests for IAS and KAS preparation with guidance from Amoghavarsha IAS Academy . For more details, visit https://amoghavarshaiaskas.in/.
Youtube: click here
Amoghavarsha IAS/KAS Academy was founded in 2014 since from their we have been excellence in the field of civil Service examination preparation and state services. The Academy is completely dedicated to provide excellent quality education by experts and bringing innovations etc.
Copyright © 2014 – 2024 Amoghavarsha IAS Academy. All Rights Reserved
Developed & Maintained by BIGGSITE
Amoghavarsha E Magazine
Current Affairs ( Prelims )
UPSC
KPSC