HC chief justices, state CMs agree to appoint retired HC judges to deal with pending cases

All the chief justices of India's high courts and state chief ministers of states have agreed to appoint retired high court judges so as to help reduce the backlog of pending cases in high courts across the country.

The decision was made on Sunday at the three-day Chief Justices Conference that was attended by state chief ministers, after a proposal was made to invoke an article in the Constitution which provides for appointment of retired judges as HC judges to reduce pending cases.

A majority of CMs at the meeting voted in favour of the proposal, according to The Economic Times.

As per Article 224-A of the Constitution, the collegium consisting of the Chief Justice and two senior judges of a HC can recommend a retired high court judge for appointment as additional high court judge. The procedure for the judge's appointment is the same for that for the appointment of a HC judge. The judge can only be recommended after prior consent of the collegium of a state, and the appointment will be final only after the President of India assents.

"Chief Ministers have agreed in principle to this arrangement. We (CJs) will soon start the exercise and recommend the names," said a chief justice. Another chief justice added: "Retired judges who have remained experts in a said field can be looked at to decide specific cases which have been hanging for years. The endeavour is to tackle the increasing backlog of cases in view of shortage of judges."

A retired HC judge will get a maximum of three years of "additional" tenure.

The state CMs also agreed to provide funds to set up morning and evening courts presided over by re-appointed retired lower court judges.