Return of retired judges will likely have to wait

NEW DELHI: The Centre is not keen on appointing retired judges in high courts till the time all pending vacancies are filled up. Currently, there are 449 judges’ posts vacant in the country’s 25 HCs. The Centre is also firming up a detailed response to the Supreme Court which had in an April 20 order by a three-judge bench sought to recall retired judges to deal with pending cases.

Sources said the three judge-bench, headed by then Chief Justice of India S A Bobde who gave the judgment, could not have determined the rules of appointment of high court judges that are guided by a memorandum of procedure (MoP) signed by five senior-most judges of the apex court. Directing the government to appoint retired judges according to the old MoP would still require the concurrence of the five senior-most judges of the SC that constitutes the collegium.

The view within the government is that the order of the Justice Bobde-led bench on reappointment of retired judges requires supplementing paragraph 24 of the old MoP with conditions laid down by the bench, which would still need attestation from the five top judges of the apex court.


While paragraph 24 in the old MoP provides for reappointment of retired judges, it is silent on accountability and the fact that any recommendations for appointment made by the chief justices must be in consultation with the collegium of the HC. “There is no accountability of such ad-hoc judges in case of irregularities,” a senior official said. The official also pointed out from the observations of the Bobde-led bench to assert “a judge ceases to be a judge of the high court on demitting office at the prescribed age and is not bound by the conditions of service”.