The Supreme Court’s decision to invoke a “dormant provision” in the Constitution to clear the way for appointment of retired judges as ad hoc judges to clear the mounting arrears in the various High Courts is an indictment of the extraordinary delay in filling up judicial vacancies. Whether the fault lies with the Collegium system or the Centre’s tardiness, there is little doubt that the unacceptable delay in the appointment process in recent times has caused huge vacancies in the High Courts. Therefore, it is definitely not unwelcome that the Court has chosen to activate Article 224A of the Constitution, which provides for appointment of ad hoc judges in the High Courts based on their consent. (Read More)
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