Appointing retired judges not a healthy trend

The recent move by the government to appoint retired High Court judges as the judges of different High Courts in a bid to clear the backlog of cases in the High Courts, though on the face of it sounds a good effort, if implemented it will send wrong signals not only to the Judiciary but also the society at large.

Obviously, the provision in the Constitution under article 224 A is an enabling provision since it starts with the word “Notwithstanding” but the situation envisaged in the Constitution appears to be the extraordinary one wherein due to the reasons beyond control, the appointment of High Court Judges could not be made. For example, internal or external strife may jeopardise the entire process of selection of new Judges, etc.

The move also goes contrary to the spirit of judicial administration. Experienced, meritorious and younger among the Judges of the lower courts, practising lawyers and law officers may get a chance to adore the chairs of the High Court judges.

Since the move to appoint retired judges apparently has roots in the present tug of war between the Supreme Court and the Central government, its implementation may do more harm than good. While such a move may result in offering a fringe solution to the problem of huge backlog of cases in the High Courts, it would create heartburn among thousands of aspirants for these coveted positions.

Therefore, instead of harping on the extraordinary route of article 224 A, let there be a permanent solution. Only give and take spirit on both the sides namely, the Supreme Court and the Central government can resolve the problem.

Delhi police commissioner Alok Verma has shown a sure way of taming the irresponsible politicians who are in the habit of levelling baseless allegations against one and all even including the judges.

Taming politicos
Taking a clue from the recent utterances of Chief Minister of Delhi Arvind Kejriwal, who publicly accused the Intelligence Bureau of tapping the phones of judges, the Delhi Police Commissioners has addressed a letter to the Chief Minister, asking him to furnish details about his allegations.

Now, the ball is in the court the Chief Minister. If he has sufficient material to prove the allegations than it is okay, but if he has indulged in only an exercise in kite- flying then it would be difficult for him to escape from the clutches of law.

In any case, the Police Commissioner’s move will serve as a warning to the reckless and power- drunk politicians.

Disturbing news
Here comes the disturbing news of the government cracking a whip on the NDTV for the alleged inaccurate reporting of Pathankot terror incident. The government has asked the television channel to go off the air for a day which is nothing but punishment. In these days of the freedom of expression gaining the paramount importance all over the world, this act of the government is nothing but retrograde. Article 19 (1)(a) of the Constitution guarantees to all citizens the right to “freedom of speech and expression.”

Dr H C UPADHYAY