Chief Justice of India (CJI) Surya Kant on Thursday recalled how the Supreme Court's attempt to revive the practice of appointing retired judges as ad hoc judges in High Courts failed after several bar associations opposed the move.

The CJI said the initiative was conceived when he was part of a Bench headed by former CJI SA Bobde. However, the proposal could not move forward after bar associations began passing resolutions against the appointment of retired judges.

"We while on a bench headed by the then CJI Bobde virtually revived the practice of appointing ad hoc judges from among retired judges," CJI Surya Kant said.

He added that the Bench had hoped to bring the practice back into regular use, but the opposition from bar associations prevented its implementation.

The Court remarked that no Chief Justice could afford to risk antagonising the Bar.

The observations were made by a Bench comprising CJI Surya Kant and Justices Joymalya Bagchi and V Mohana while hearing a matter concerning the seniority of judicial officers in Rajasthan.

During the hearing, the Bench also discussed the loss of valuable judicial experience when judges retire and are unable to return to judicial service.

Justice Joymalya Bagchi observed that the failed initiative had also put several retired judges in a difficult position, as some had declined private assignments in the hope of being appointed as ad hoc judges.

"The unfortunate part was that the judges who retired and had offered their services were not taking private assignments, with a legitimate expectation that they would be appointed," Justice Bagchi said.

He also recalled meeting a woman judge in the United States, highlighting how judicial experience and expertise could continue to be utilised even after retirement.

"The value of judicial resources is very precious," Justice Bagchi observed.

CJI Surya Kant also shared an interaction with a judicial officer who had resigned after serving for several years and later returned to legal practice. The officer had expressed concern over the limited retirement benefits available under the new pension rules, stating that the monthly pension would be only around Rs 25,000.

"How do you think I am going to survive?" the officer had asked, the CJI recalled.

Background

Article 224A of the Constitution empowers the Chief Justice of a High Court, with the President's consent, to request a retired judge of that or another High Court to sit and act as a judge of the High Court.

The provision enables High Courts to utilise the experience of retired judges to address judicial vacancies and pendency.