Introduction
Arvind Datar's column on Bar and Bench highlights the underutilized potential of Articles 128 and 224A of the Indian Constitution. These provisions allow for the reappointment of retired judges to the Supreme Court and High Courts, respectively, to help manage the backlog of cases that currently burdens the judiciary.
Current Judicial Backlog
The Supreme Court and many High Courts face an overwhelming backlog of cases, exacerbated by the slow appointment process for new judges. This backlog not only delays justice but also places immense pressure on the current judges, affecting their efficiency and the quality of their judgments.
Article 128: Supreme Court Judges
Article 128 permits the Chief Justice of India to request retired Supreme Court judges to return temporarily to handle pending cases. Historically, this article has been invoked selectively. Notable instances include the reappointment of Justices Chandrasekara Aiyar, Vivian Bose, and TL Venkatarama Iyer, who contributed significantly during their extended tenures. These examples underscore the benefits of utilizing experienced judges to alleviate case backlogs.
Article 224A: High Court Judges
Article 224A allows for the reappointment of retired High Court judges to serve in the same or different High Courts. This provision offers a practical solution to the substantial vacancies in many High Courts. Retired judges, with their wealth of experience and understanding of judicial processes, can provide immediate relief to the congested court dockets.
Practical Benefits and Historical Precedents
The reappointment of retired judges has shown practical benefits in the past. For instance, Justice Chandrasekara Aiyar's return to the bench was instrumental in managing the caseload during a critical period. Similarly, Justice Vivian Bose's and Justice TL Venkatarama Iyer's contributions during their reappointments highlighted the effectiveness of this approach.
Implementation Strategy
Datar suggests a phased and experimental implementation of these provisions, starting with a few High Courts. If successful, the strategy can be expanded to other jurisdictions. This approach would ensure that the judiciary can adapt to the influx of cases without compromising on the quality of justice.
Addressing Concerns
Some concerns about reappointing retired judges include potential biases and their ability to adapt to current legal trends. However, the selection of outstanding and respected retired judges can mitigate these issues. Additionally, their reappointment would be for a limited period, ensuring that their contributions are targeted and effective.
Conclusion
Reviving Articles 128 and 224A presents a viable solution to the persistent issue of judicial backlogs in India. By leveraging the expertise of retired judges, the judiciary can enhance its capacity to deliver timely justice. This strategy not only addresses the immediate needs of the legal system but also sets a precedent for future judicial administration.
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