"Retired Judges Have To Beg For Facilities": Top Court To Centre On Tribunals
The Supreme Court flagged the lack of proper facilities as the reason behind the retired judges feeling discouraged.
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New Delhi:
The Supreme Court expressed strong concerns on Tuesday regarding the reluctance of former high court judges to accept tribunal positions post-retirement, attributing this hesitation to inadequate amenities. The court suggested that if the government cannot improve conditions, all such quasi-judicial bodies should be abolished.
Justices B V Nagarathna and R Mahadevan highlighted the insufficient facilities as the primary factor discouraging retired judges from taking these positions. They emphasized that if the Centre fails to provide appropriate resources, all tribunal matters should be redirected to high courts.
"After applying and interviewing for these positions, why aren't they assuming their roles? It's because they encounter the harsh reality of being tribunal members. Some are former chief justices of high courts or Supreme Court judges, yet they receive virtually no facilities. They must constantly request basic supplies like stationery. The responsibility lies with the government, as you established these tribunals," the court stated.
The bench further addressed Additional Solicitor General Vikramjit Banerjee, saying, "Parliament has enacted these laws without considering judicial impact or providing adequate funding. Former judges must plead for stationery, housing, transportation—with the most decrepit vehicles assigned to Tribunal Chairmen. How can you treat former Chief Justices and Judges this way? They have legitimate reasons for declining appointments when faced with these realities." The court noted that retired judges experience significant uncertainty regarding accommodations and other necessities after receiving appointment orders.
"We're stating this without making accusations. Please treat former Chief Justices and High Court Judges who accept these positions with the dignity they deserve," the bench remarked.
The Supreme Court added, "We don't blame former judges and chief justices for not joining. Form a committee comprising various ministries, including DoPT, to identify deficiencies. Establish uniform standards for providing infrastructure and facilities. Remember, these are former chief justices and judges of the Supreme Court or high courts." Banerjee assured the court he would convey these concerns to the Centre.
The hearing addressed a petition from the NGT Bar Association Western Zone regarding tribunal vacancies.
The Centre informed the court that two former judges declined their appointments after being offered positions, necessitating a fresh, time-consuming appointment process.
While criticizing the practice of retired judges declining appointments, the bench noted, "This behavior by retired high court judges is also inappropriate. They're unwilling to relocate."
The court rejected the petitioner's request to extend existing members' terms beyond retirement until new appointments could be made.
The case has been scheduled for further hearing on December 16.