With the various high courts reeling from a large number of pending cases and a large number of judicial positions vacant, a Judge’s bench Sanjay KaulAbhay S Oka and Vikram Nath said senior advocates are often not willing to take the position of permanent judge but are more inclined to accept the position of special judge for a short term.
On the grounds that their appointment would be effective to increase the rate of handling cases if they were allowed to decide cases in their area of expertise, SC asked attorney general R Venkataramani to explore the idea. this thought.
The bench considered that the process of special appointment of judges in the high courts was cumbersome, adding a simpler procedure to make it efficient and appealing to lawyers. It also requires AG and senior backers Arvind Datarwho is assisting the court as amicus curiae, reviewed the Minutes of Procedure to recommend measures to simplify the procedure.
“Their clearance shouldn’t take months but days, because once you let them go for six months or a year, they won’t come back. We also have to look at the fact that in some high courts, the waiting time is very high and the criteria for leaving a gap of more than 20% to make recommendations to interim judges may not help reduce the situation. pending of cases in a number of specific topics,” said the bench.
The Supreme Court heard applications filed by DAINTY seeks to effectively enforce the April 2021 judgment on the appointment of ad-hoc judges in the high courts to reduce the waiting time.
On April 20 of last year, the highest court, while calling about 57 thousand cases pending in the high courts a “notebook explosion”, triggered a constitutional provision ” inactive” to pave the way for the appointment of retired senior court judges as attorneys. judge for two to three years to resolve the backlog. It also gives instructions for adjusting appointments.
The guidelines address issues such as trigger points when the appointment process can be initiated, terms of office, appointment procedure, salary, perks, maximum number of judges and their role in the adjudication of cases.