Why the Delay in Appointing Ad Hoc Judges Matters
Nearly a year after the Supreme Court cleared the way for high courts to appoint ad hoc judges to tackle mounting criminal cases, no such appointments have been made. This delay raises concerns about the efficiency and effectiveness of India's judicial system, particularly in the Northeast region, where access to justice can be challenging.
High Courts' Lack of Interest
Despite the Supreme Court's directive, none of the 25 high courts have recommended names for ad hoc judge appointments. This lack of interest from high courts may be due to various reasons, including a perceived lack of necessity or concerns about the constitutionality of the practice.
The Procedure for Appointing Ad Hoc Judges
According to the Constitution, the procedure for appointing retired judges as ad hoc judges in high courts is well-defined. High court collegiums send recommendations to the Department of Justice in the Law Ministry, which then forwards them to the Supreme Court Collegium. The SC Collegium makes the final decision, and the president signs the warrant of appointment for regular judges. For ad hoc judges, the president's assent is sought but not signed.
Conditions and Precedents
In 2021, the Supreme Court imposed certain conditions for the appointment of ad hoc judges. However, these conditions have been relaxed in some cases, and some have been kept in abeyance. The court has also set a limit of two to five ad hoc judges per high court, not exceeding 10% of the total sanctioned strength.
Implications for the Northeast and India
The delay in appointing ad hoc judges could exacerbate the existing backlog of criminal cases in high courts, leading to longer wait times for justice. This is particularly concerning for the Northeast region, where access to justice can already be challenging due to geographical and infrastructural barriers. The lack of ad hoc judges may further strain the judicial system, leading to delays and potential injustices.
Looking Ahead
The Supreme Court's directive to high courts to appoint ad hoc judges was intended to help clear the backlog of criminal cases. However, the lack of interest from high courts has so far prevented this from happening. It remains to be seen whether high courts will take the necessary steps to address this issue and ensure that justice is delivered efficiently and effectively.