Former Solicitor General Ranjit Kumar advises the Modi government to stop post-retirement appointments in tribunals and focus on expanding the judiciary. Tribunals have been criticized for case backlogs and delays in appointing members.
New Delhi: Senior Advocate and former Solicitor General of India (SG) Ranjit Kumar emphasized that the government should prioritize appointing new judges to address vacancies in the judiciary, rather than assigning retired High Court (HC) and Supreme Court (SC) judges to tribunals. In an interview, he shared his recommendations for the new NDA government.
He remarked, pointing out that tribunals have often failed to meet expected outcomes,
“The cases should be heard in courts rather than tribunals. This trend of tribunals is essentially a post-retirement refuge,”
He asserted,
“Most tribunals struggle to manage their workload. We should focus on expanding the High Courts, enhancing the commercial code, making more judicial appointments, and moving away from the reliance on tribunals,”
Tribunals in India faced significant criticism for the backlog of cases and delays in the appointment of members. For instance, the Consumer Disputes Redressal Commission, which established to provide swift remedies to consumers against unfair trade practices, had a pending caseload of over 500,000 as of September 2023. Similarly, the National Company Law Tribunal (NCLT) has also been the subject of criticism due to delays and case backlogs.
Many of these tribunals led by retired High Court or Supreme Court judges. For example, former Chief Justice of the Madras High Court, A.P. Sahai, serves as the Chairperson of the National Consumer Disputes Redressal Commission (NCDRC). Former Supreme Court justice Ashok Bhushan chairs the National Company Law Appellate Tribunal (NCLAT).
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) led by D.N. Patel, the former Chief Justice of the Delhi High Court, who appointed to this position even before his retirement from the High Court. This practice of appointing retired judges as heads of tribunals has been a subject of criticism.
He remarked,
“Consider our population, our unemployment rates, and our aspirations. By extending the tenure of one person, you are depriving someone else of an opportunity. This isn’t about bureaucracy; it’s about tribunals,”
The former Solicitor General highlighted the necessity for the government to enhance judicial infrastructure and appoint more judges.
He clarified,
“India, with a population of 140 crore, has a judge-to-population ratio of just 21 judges per million people,”
In February 2024, Law Minister Arjun Meghwal‘s parliamentary response indicated that India has not yet met the Law Commission of India’s 1987 goal of 50 judges per million population.
Kumar pointed out that tribunals like the consumer forums and the Debts Recovery Tribunal, despite being established with good intentions, have not met expectations.
He added,
“Judicial infrastructure has been largely neglected. Increasing the number of judges would result in more lawyers attending courts,”
Kumar, clarifying his lack of political affiliations, pointed out that the BJP’s commitments to implementing a Uniform Civil Code (UCC) and the ‘one nation, one election’ policy might be deprioritized due to their reduced parliamentary strength.
The results of the recently concluded Lok Sabha elections were announced on June 4. Despite the BJP led NDA securing a majority with over 290 seats, the BJP itself fell short of an outright majority, missing the target by more than 30 seats. These outcomes surprising as many exit polls predicted a significant victory for the BJP.
In its manifesto, the BJP had promised the implementation of the UCC and ‘one nation, one election’ if it returned to power. The UCC aims to establish a unified law governing personal matters for all Indian citizens, including marriage, divorce, inheritance, and adoption. Once enacted, the UCC would apply uniformly to all citizens, regardless of religion, gender, or sex.
Kumar explained,
“Given that it’s a coalition government and all partners will need to be considered in any decision-making process, reforms with significant nationwide impact, such as the UCC or ‘one nation, one poll,’ may face delays,”
The former Solicitor General also commented on the new criminal laws set to take effect from July 1, expressing doubt that their implementation would be delayed.
He added,
“I see no reason why the implementation of these laws would be postponed. I can’t imagine any alliance partner objecting to them, as no one has claimed that these laws are problematic,”
During the last winter session of parliament, three new criminal laws passed, the Bharatiya Nyaya (Second) Sanhita, 2023, the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, and the Bharatiya Sakshya (Second) Bill, 2023. These new laws set to replace the Indian Penal Code (IPC), the Criminal Procedure Code (CrPC), and the Indian Evidence Act, which have been in place for over 150 years.
The President gave assent to these laws on December 25, 2023, and the government announced in March that they would be implemented starting July 1.
Ranjit Kumar appointed as the Solicitor General by the BJP government in 2014 when the party came back to power after ten years. He served as the Solicitor General for over three years before resigning in 2017.
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