The Hindu : Tamil Nadu News : Faced with huge vacancy, High Court may appoint ad hoc judges

Online edition of India's National Newspaper
Sunday, Jan 09, 2005

Tamil Nadu

Tamil Nadu

Faced with huge vacancy, High Court may appoint ad hoc judges

By A. Subramani

CHENNAI, JAN. 8. With its strength of judges coming down to 27, following the retirement of Justice K. Govindarajan yesterday, the Madras High Court is considering the appointment of at least four retired judges on one or two-year terms.

According to sources, such ad hoc appointment is not new to the court. Justice Venugopal served as an ad hoc judge for some time in the 1980s. Now, with the number dwindling to 27 as against the sanctioned strength of 42, every judge is said to be "heavily overburdened."

A senior judicial officer said almost all judges were handling more than one portfolio and their burden was compounded by administrative responsibilities.

`Performance may suffer'

There is also the need for posting at least five judges to the Madurai Bench, leaving only 22 for the Principal Seat here. As at least six two-member Benches need to be there any given day, only 10 judges sit single to consider cases coming under their portfolios. Clubbing of diverse subjects and the sheer number of cases listed every day have resulted in a slower disposal rate, officials concede. Consequently, the Madras High Court, which topped in the disposal rate for the past three years, may not be able to sustain the performance this year.

Earlier this week, two senior judges said in the open court that though they would like to hear each of the cases of the advocates present, there was a severe shortage. "All our brother judges are overburdened."

The vacancy will deteriorate with this calendar year witnessing four more retirements. Justice A.K. Rajan is scheduled to attain superannuation on January 25.

`Names returned'

Two lists, together containing at least 25 names, have been recommended by the Madras High Court Collegium for appointment as judges. Reports say the first list of nine names has been returned by the apex court for a review or reconsideration by the High Court. The present Collegium of Judges has forwarded one of the nine names again.

Considering the lengthy process of filling up a regular vacancy, senior judicial officials of the State settled for appointment of ad hoc judges.

Under Article 224-A of the Constitution, the Chief Justice can request any person who has held the office of judge of a High Court "to sit and act" as its judge. During his tenure of "sitting and acting," the ad hoc judge "shall be entitled to such allowances as the President may determine and shall have all the jurisdiction, powers and privileges" of a High Court judge.

For the appointment of ad hoc judges, the Chief Justice of the High Court should forward the list directly to the Chief Justice of India. In the absence of the mandatory provision of seeking the comments of the State and Central Governments in the appointment of regular judges, this process will be simpler and faster, the officials reason.

Such an appointment will not affect the vacancy and the seniority of advocates or subordinate judicial officers as also when they are elevated to the High Court. It will be like an additional vacancy, say the officials.

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