Bar Bodies Stopped Top Court From Reappointing Retired Judges: Chief Justice

Chief Justice of India Surya Kant on Thursday recalled how opposition from bar associations had derailed the Supreme Court's efforts to revive the appointment of retired judges as ad hoc judges in high courts.

The CJI said the initiative was conceived when he was part of a bench headed by former Chief Justice of India SA Bobde, but could not be implemented after bar associations began passing resolutions opposing the move.

"We while on a bench headed by the then CJI Bobde virtually revived the practice of appointing ad hoc judges from among retired judges," he said.

The CJI observed that they thought they would bring this practice into vogue, but opposition from bar associations prevented the initiative from taking off.

He added that the bar associations started passing resolutions.

No chief justice can risk annoying the bar, the court remarked.

The observations were made by a bench comprising CJI Surya Kant, and Justices Joymalya Bagchi and V Mohana, while considering issue seniority of judicial officers in Rajasthan.

The court also discussed issue of loss of valuable judicial experience when retired judges are unable to return to service.

Justice Bagchi observed that the failed initiative had left several retired judges in a difficult position, as some had refrained from taking up private assignments in anticipation of being appointed as ad hoc judges.

"The unfortunate part was that the judges who retired and had offered their services were not taking private assignments, with a legitimate expectation that they would be appointed," he said.

Justice Bagchi also recalled meeting a woman judge in the United States highlighting how judicial expertise could continue to be utilised well beyond retirement.

The value of judicial resources is very precious, he said

CJI Surya Kant also recounted an interaction with a judicial officer who had resigned after serving for several years and subsequently returned to legal practice. The officer had expressed concern that, under the new pension rules, the retirement benefit would amount to no more than Rs 25,000 per month.

"How do you think I am going to survive? the officer asked," the CJI said.

Article 224A of the Constitution empowers the Chief Justice of a High Court, with the consent of the President, to request a retired judge of that or another High Court to sit and act as a judge of the High Court.