The Supreme Court heard Lok Prahari’s plea on ad hoc judge appointments and addressed concerns raised by retired judges over bench composition. CJI Surya Kant said High Court Chief Justices may decide benches administratively, leading to a modification of the main judgment.
New Delhi: The Supreme Court of India recently heard a plea filed by Lok Prahari concerning the appointment and functioning of ad hoc judges in High Courts. The matter was taken up before a Bench led by Chief Justice of India (CJI) Surya Kant.
The hearing focused on the practical difficulties faced in appointing retired judges as ad hoc judges and how benches should be constituted when such judges are appointed.
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During the hearing, Chief Justice Surya Kant highlighted an important concern that has emerged from interactions with retired judges. He explained that many former judges are willing to serve the judiciary even after retirement, but they face hesitation due to issues related to bench composition and judicial hierarchy.
The CJI stated,
“Several former judges have spoken to me. Though retired and willing to serve, they feel uncomfortable sitting on Division Benches with judges junior to them.”
He further informed the Court that efforts are being made to find a practical solution to this issue. The Chief Justice added,
“We are exploring whether the Chief Justice of the High Court can persuade a sitting judge to sit with a former judge as a bench partner.”
The Attorney General for India, R. Venkataramani, also addressed the Court on the issue. He supported the idea of resolving the matter through administrative steps rather than issuing binding judicial directions. Emphasising flexibility, he submitted,
“If this can be handled administratively and not through a judicial mandate, it may be workable.”
Continuing the discussion, the Chief Justice clarified how benches involving ad hoc judges should be formed. He stated that where two ad hoc judges are appointed, the decision regarding their bench composition should be left to the discretion of the Chief Justice of the High Court.
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The CJI observed,
“Where two ad hoc judges are appointed, the Chief Justice shall decide the composition of their Division Bench.”
He further explained that the Chief Justice of the High Court would also have the authority to form benches that include both sitting judges and ad hoc judges. In this regard, the CJI said,
“We also leave it to the Chief Justice to constitute benches comprising a sitting judge and an ad hoc judge wherever required, including deciding who will preside, in a manner acceptable to both judges.”
With these clarifications and directions, the Supreme Court concluded that the necessary changes had been made to the earlier ruling. Bringing the proceedings to a close, Chief Justice Surya Kant stated,
“With this, the main judgment stands suitably modified.”
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The hearing reflects the Supreme Court’s attempt to strike a balance between judicial discipline, administrative flexibility, and the effective use of experienced retired judges to reduce pendency in High Courts.
By allowing Chief Justices of High Courts to make administrative decisions on bench composition, the Court aims to ensure smoother functioning while respecting the sensitivities and seniority concerns of former judges serving as ad hoc judges.
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