Though members of the Bar want early appointment of retired or retiring judges on temporary basis, they are unequivocal on the point that all retired or retiring judges cannot be brought back to the Bench.
Only those having “competency, proven track record for quick, effective and quality disposal of cases, and impeccable integrity” should be considered for such posts, members of the Bar said.
Many office-bearers of the Karnataka State Bar Council and the Advocates’ Association, Bengaluru, have emphasised that only “non-controversial” judges should be appointed on ad hoc basis as Article 224-A of the Constitution gives discretion to the Chief Justice and the President of India while appointing retired judges.
B.V. Acharya, former Advocate-General and former member of the Law Commission of India, said that successive Chief Justices of the High Court should have invoked the power under Article 224 at regular intervals, while welcoming the move to use the services of retired or retiring judges temporarily to address the issue of backlog of cases.
Making it clear that only “deserving and meritorious” judges with “proven track record” can be taken back to the Bench, Mr. Acharya pointed out that a group of advocates, led by him, in 2010 had opposed the Bill to enhance retirement age of High Court judges to 65 from the present 62 as it would also benefit many “deadwoods” in the system.
A.R. Patil, chairman, Karnataka State Bar Council, said that only “non-controversial” judges should be considered as not all the retired or retiring judges could be considered for various reasons. K.M. Nataraj, Additional Solicitor-General of India, has criticised the judiciary for not utilising during the past 50 years the Constitutional power given to them to avail of the services of retired judges, specifically to deal with situations like increase in workload and backlog of cases.
“It is good that the judiciary is invoking Article 224-A at least now although it should have happened long ago. Only such judges with impeccable integrity, honesty and qualitative competency in quick disposal of cases should be appointed on temporary basis,” Mr. Nataraj said.
