Why in News
The Supreme Court's January 2025 decision allows High Courts to appoint retired judges on an ad-hoc basis to help reduce the backlog of cases, only criminal appeals.
The move aims to address the staggering 62 lakh cases pending in High Courts, as of January 2025.
Concerns and Challenges
Appointments require presidential approval, which depends on government cooperation.
Regular judicial appointments are often delayed, impacting judicial effectiveness.
The process should be simplified to make the ad-hoc appointment system more effective, without unnecessary delays.
Impact on Judicial Infrastructure and Seniority
Ad-hoc judges serve for limited terms (2-3 years) and don't affect the career progression of sitting judges or district judiciary promotions.
The existing judicial infrastructure needs improvement to ensure ad-hoc judges have sufficient support (e.g., stenographers, researchers).
Independence and Incentives for Judges
Ad-hoc judges are seen as less susceptible to compromising judicial independence, as their tenure is temporary.
The financial incentives of arbitration or independent practice make it difficult to persuade qualified judges to return to the bench.
Implementation and Future Outlook
The key challenge will be the government's willingness to cooperate, ensuring necessary resources are allocated and reforms are implemented efficiently.
The initiative offers hope but needs commitment from both the judiciary and government to succeed.
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