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Time of India
14 hours ago
- Politics
- Time of India
Despite SC nod, HCs not keen on appointing retired judges to tackle backlog
New Delhi: Despite the Supreme Court clearing the idea nearly five months ago, the high courts seem not to be keen on appointing ad-hoc judges to tackle pending criminal cases, details available with the government showed. According to people aware of the procedure to appoint Supreme Court and high court judges, none of the high court collegiums have so far recommended names of retired judges to be appointed as ad-hoc judges. There are 25 high courts in the country. Till June 11, no high court collegiums sent any such proposal to the Union Law Ministry . Considering a backlog of over 18 lakh criminal cases, the Supreme Court on January 30 allowed the high courts to appoint ad-hoc judges, not exceeding 10 per cent of the court's total sanctioned strength. Article 224A of the Constitution allows the appointment of retired judges as ad-hoc judges in high courts to help deal with pendency. Live Events According to the laid down procedure, the respective high court collegiums send recommendations or names of candidates to be appointed as HC judges to the Department of Justice in the law ministry. The department then adds inputs and details of the candidates before forwarding the same to the Supreme Court Collegium. The SC Collegium then takes a final call and recommends to the government to appoint the selected persons as judges. The president signs the 'warrant of appointment' of the newly-appointed judge. The procedure to appoint ad-hoc judges will be the same except that the president will not sign the warrant of appointment. But the assent of the president will be sought for appointing ad-hoc judges. Except in one case, there is no precedence of appointing retired judges as ad-hoc HC judges, officials had earlier pointed out. In a judgement dated April 20, 2021, on the appointment of ad-hoc judges in the high courts, the top court imposed certain conditions. However, later a special Supreme Court bench comprising then Chief Justice Sanjiv Khanna, Justices B R Gavai (incumbent CJI) and Surya Kant relaxed certain conditions and kept some in abeyance. The verdict, which was authored by former chief justice S A Bobde, directed retired high court judges to be appointed as ad-hoc ones for a period of two to three years to clear the backlog. While one condition said that ad-hoc judges cannot be appointed if a high court was working with 80 per cent of its sanctioned strength, the other said ad-hoc judges could sit separately on benches to deal with cases. Relaxing the conditions, the court said the requirement that vacancies should not be more than 20 per cent of the sanctioned strength for the time being shall be kept in abeyance. The bench also said each high court should keep the appointment to two to five ad-hoc judges and not exceed 10 per cent of the total sanctioned strength. "The ad-hoc judges will sit in a bench presided over by a sitting judge of the high court and decide pending criminal appeals," the apex court's order said. The rarely used Article 224A of the Constitution deals with the appointment of ad-hoc judges in high courts. "The chief justice of a high court for any state may at any time, with the previous consent of the president, request any person who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for that state," it says.
Hindustan Times
16 hours ago
- Politics
- Hindustan Times
Despite SC nod, HCs not keen on appointing retired judges to tackle backlog
New Delhi, Despite the Supreme Court clearing the idea nearly five months ago, the high courts seem not to be keen on appointing ad-hoc judges to tackle pending criminal cases, details available with the government showed. According to people aware of the procedure to appoint Supreme Court and high court judges, none of the high court collegiums have so far recommended names of retired judges to be appointed as ad-hoc judges. There are 25 high courts in the country. Till June 11, no high court collegiums sent any such proposal to the Union Law Ministry. Considering a backlog of over 18 lakh criminal cases, the Supreme Court on January 30 allowed the high courts to appoint ad-hoc judges, not exceeding 10 per cent of the court's total sanctioned strength. Article 224A of the Constitution allows the appointment of retired judges as ad-hoc judges in high courts to help deal with pendency. According to the laid down procedure, the respective high court collegiums send recommendations or names of candidates to be appointed as HC judges to the Department of Justice in the law ministry. The department then adds inputs and details of the candidates before forwarding the same to the Supreme Court Collegium. The SC Collegium then takes a final call and recommends to the government to appoint the selected persons as judges. The president signs the 'warrant of appointment' of the newly-appointed judge. The procedure to appoint ad-hoc judges will be the same except that the president will not sign the warrant of appointment. But the assent of the president will be sought for appointing ad-hoc judges. Except in one case, there is no precedence of appointing retired judges as ad-hoc HC judges, officials had earlier pointed out. In a judgement dated April 20, 2021, on the appointment of ad-hoc judges in the high courts, the top court imposed certain conditions. However, later a special Supreme Court bench comprising then Chief Justice Sanjiv Khanna, Justices B R Gavai and Surya Kant relaxed certain conditions and kept some in abeyance. The verdict, which was authored by former chief justice S A Bobde, directed retired high court judges to be appointed as ad-hoc ones for a period of two to three years to clear the backlog. While one condition said that ad-hoc judges cannot be appointed if a high court was working with 80 per cent of its sanctioned strength, the other said ad-hoc judges could sit separately on benches to deal with cases. Relaxing the conditions, the court said the requirement that vacancies should not be more than 20 per cent of the sanctioned strength for the time being shall be kept in abeyance. The bench also said each high court should keep the appointment to two to five ad-hoc judges and not exceed 10 per cent of the total sanctioned strength. "The ad-hoc judges will sit in a bench presided over by a sitting judge of the high court and decide pending criminal appeals," the apex court's order said. The rarely used Article 224A of the Constitution deals with the appointment of ad-hoc judges in high courts. "The chief justice of a high court for any state may at any time, with the previous consent of the president, request any person who has held the office of a judge of that court or of any other high court to sit and act as a judge of the high court for that state," it says.
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Business Standard
25-05-2025
- Business
- Business Standard
Govt to audit DISHA legal aid scheme ahead of 2026 completion deadline
The government plans to hold an independent audit to assess the effectiveness of its key legal aid schemes, which come to an end in 2026. The audit will also determine the scalability and sustainability of the programmes post 2026. The DISHA (Designing Innovative Solutions for Holistic Access to Justice in India) scheme, a Central Sector Scheme of the Department of Justice in the Union Law Ministry, is aimed at improving access to justice. It comprises of three key programmes : Tele-Law, Nyaya Bandhu (Pro Bono Legal Services) and Legal Literacy and Legal Awareness, all working towards providing accessible and affordable legal services to citizens, especially those in remote areas. The scheme has a financial outlay of Rs 250 crore for a period of five years (2021-2026). For assessing effectiveness of the programme, identifying course correction or improvement and determining scalability and sustainability post 2026, the Department of Justice now intends to get an independent evaluation of the DISHA scheme. For this, it has issued a "notice inviting tender" which states it is necessary to conduct the evaluation within the specified timeframe to ensure its timely completion. The proposed evaluation will analyse and assess the impact of the three programmes -- Tele-Law, Nyaya Bandhu (Pro Bono Legal Services) and Legal Literacy and Legal Awareness programme (LLLAP) under the DISHA Scheme on the targeted beneficiaries, sectors and regions. The audit will undertake an output-outcome analysis of each of the programmes under the scheme. It will identify and study the gaps in implementation of the each of the programmes under the scheme, if any, and suggest measures for improvement in future. One of the key programmes under DISHA is the Tele-Law scheme under which the use of communications and information technology has been adopted for the delivery of legal information and advice. This e-interaction between lawyers and people is through the video-conferencing infrastructure available at the common service centres. The Nyaya Bandhu scheme aims to provide pro bono (free) legal services to marginalised individuals and groups across the country. It connects practicing advocates, who volunteer their time and services with eligible beneficiaries.
Time of India
25-05-2025
- Business
- Time of India
Govt plans independent audit of its legal aid schemes to assess effectiveness, sustainability
New Delhi: The government plans to hold an independent audit to assess the effectiveness of its key legal aid schemes , which come to an end in 2026. The audit will also determine the scalability and sustainability of the programmes post 2026. The DISHA (Designing Innovative Solutions for Holistic Access to Justice in India) scheme, a Central Sector Scheme of the Department of Justice in the Union Law Ministry , is aimed at improving access to justice. It comprises of three key programmes : Tele-Law , Nyaya Bandhu ( Pro Bono Legal Services ) and Legal Literacy and Legal Awareness, all working towards providing accessible and affordable legal services to citizens, especially those in remote areas. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 오돌토돌 피부, 긁지말고 이렇게 해보세요 현명한소비자 Undo The scheme has a financial outlay of Rs 250 crore for a period of five years (2021-2026). For assessing effectiveness of the programme, identifying course correction or improvement and determining scalability and sustainability post 2026, the Department of Justice now intends to get an independent evaluation of the DISHA scheme . Live Events For this, it has issued a "notice inviting tender" which states it is necessary to conduct the evaluation within the specified timeframe to ensure its timely completion. The proposed evaluation will analyse and assess the impact of the three programmes -- Tele-Law, Nyaya Bandhu (Pro Bono Legal Services) and Legal Literacy and Legal Awareness programme (LLLAP) under the DISHA Scheme on the targeted beneficiaries, sectors and regions. The audit will undertake an output-outcome analysis of each of the programmes under the scheme. It will identify and study the gaps in implementation of the each of the programmes under the scheme, if any, and suggest measures for improvement in future. One of the key programmes under DISHA is the Tele-Law scheme under which the use of communications and information technology has been adopted for the delivery of legal information and advice. This e-interaction between lawyers and people is through the video-conferencing infrastructure available at the common service centres. The Nyaya Bandhu scheme aims to provide pro bono (free) legal services to marginalised individuals and groups across the country. It connects practicing advocates, who volunteer their time and services with eligible beneficiaries.
Hindustan Times
25-05-2025
- Business
- Hindustan Times
Govt plans independent audit of its legal aid schemes to assess effectiveness, sustainability
New Delhi, The government plans to hold an independent audit to assess the effectiveness of its key legal aid schemes, which come to an end in 2026. The audit will also determine the scalability and sustainability of the programmes post 2026. The DISHA scheme, a Central Sector Scheme of the Department of Justice in the Union Law Ministry, is aimed at improving access to justice. It comprises of three key programmes : Tele-Law, Nyaya Bandhu and Legal Literacy and Legal Awareness, all working towards providing accessible and affordable legal services to citizens, especially those in remote areas. The scheme has a financial outlay of ₹250 crore for a period of five years . For assessing effectiveness of the programme, identifying course correction or improvement and determining scalability and sustainability post 2026, the Department of Justice now intends to get an independent evaluation of the DISHA scheme. For this, it has issued a "notice inviting tender" which states it is necessary to conduct the evaluation within the specified timeframe to ensure its timely completion. The proposed evaluation will analyse and assess the impact of the three programmes Tele-Law, Nyaya Bandhu and Legal Literacy and Legal Awareness programme under the DISHA Scheme on the targeted beneficiaries, sectors and regions. The audit will undertake an output-outcome analysis of each of the programmes under the scheme. It will identify and study the gaps in implementation of the each of the programmes under the scheme, if any, and suggest measures for improvement in future. One of the key programmes under DISHA is the Tele-Law scheme under which the use of communications and information technology has been adopted for the delivery of legal information and advice. This e-interaction between lawyers and people is through the video-conferencing infrastructure available at the common service centres. The Nyaya Bandhu scheme aims to provide pro bono legal services to marginalised individuals and groups across the country. It connects practicing advocates, who volunteer their time and services with eligible beneficiaries.
