It was a responding to a series of questions asked by the committee on judges' appointment and vacancies in the higher judiciary.Days after agreeing with the judiciary to appoint retired judges in high courts to tackle rising cases, the Law Ministry has cautioned that there is no mechanism to deal with complaints of "wrongful acts" against them.
As per the minutes of the meeting of the Chief Ministers- Chief Justices Conference held in April, approved after a gap of nearly six months in October, it has been resolved that "subject to integrity, suitability and performance of a person who has held the office as a judge of the high court, the provisions of Article 224 A can be invoked to deal with the extraordinary situation involving the large pendency of civil and criminal cases in the high courts..." The provision says that the chief justice of a high court, with the previous consent of the President (Centre), can request any person who has held the office of a judge of that court or any other high court to sit and act as a judge of the high court for that state.
But now, the Department of Justice in the Law Ministry has told the Parliamentary standing Committee on Law and Personnel that "There is no mechanism to deal with the complaint against retired judges of the Supreme Court and the High Courts." It was a responding to a series of questions asked by the committee on judges' appointment and vacancies in the higher judiciary. The department was asked to explain the "merits/demerits" of appointment of ad hoc judges in the Supreme Court and the 24 high courts. It said "impeachment is the only remedy to remove a sitting judge. However, in this case, if a retired judge indulges in wrongful act or omissions, no mechanism has been laid down in respect of retired judges."
According to the minutes of the meeting, appointment of retired judges in high courts can also help achieve the goal of 'five plus zero' pendency. 'Five plus zero' is an initiative to ensure that cases pending for more than five years are taken up on priority basis and pendency of such cases is brought down to zero level. As on June 30 while the total sanctioned strength was 21,303, the subordinate courts were functioning with 16,192 judicial officers -- a shortage of 5,111. The 24 high courts face a shortage of nearly 450 judges. Over three crore cases are pending in courts across India. So far, the government has received names of 18 former judges for appointment in four high courts. The 18 names have been received from the high courts of Andhra Pradesh/Telangana, Madhya Pradesh, Allahabad and Calcutta. The names are under process, highly-placed sources said.