Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Art. 224A – Appointment of retired judges at sittings of High Courts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Art. 224A – Appointment of retired judges at sittings of High Courts – Pendency of 57 lakhs cases in the High Courts along with consistent ratio of vacancies of almost 40 per cent – Held: Recourse to Art. 224A by appointment of ad hoc judges needed – It would provide a ready-made pool of known judicial talent to deal with the disposal of pending old cases – Certain checks and balances to be provided for resorting to Art. 224A – Guidelines on aspects such as, the trigger point to activate the provision, suggestion of an embargo situation, pre-recommendation process, the methodology of appointment, time to complete the process , tenure of appointment, the number of appointments, the role of ad hoc Judges, emoluments and allowances, etc. to be arrived so as to facilitate some element of uniformity – Since periodic review would be required to suitably modify the guidelines proposed, concept of continuing mandamus would be appropriate – Thus, issuance of guidelines for invocation of Art. 224A.Arts. 217, 224 and 224A - Appointment of permanent and additional Judges, and ad hoc judges in the High Court – Process to be followed – Explained. Art. 224 – Objective of – Explained. Art. 224A – Historical perspective – Explained.Constitutional jurisprudence – Continuing mandamus – Concept of – Held: “Continuing mandamus” is a practice of issuing continuing directions to ensure effective discharge of duties – Unlike a writ remedy, a continuing mandamus is an innovative procedure not a substantive one which allows the Court an effective basis to ensure that the benefits of a judgment can be enjoyed by the right- bearers, and its realisation is not hindered by administrative and/or political recalcitrance – It is a means devised to ensure that the administration of justice translates into tangible benefits. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2021 INSC 261 |
Petitioner | Lok Prahari Through Its General Secretary S.n. Shukla Ias (retd.) |
Respondent | Union Of India & Ors. |
SCR | [2021] 3 S.C.R. 317 |
Judgement Date | 2021-04-20 |
Case Number | 1236 |
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