VidhiSangh

Supreme Court of India · 20/04/2021

LOK PRAHARI THROUGH ITS GENERAL SECRETARY S.N. SHUKLA IAS (RETD.) versus UNION OF INDIA & ORS.

[2021] 3 S.C.R. 317 · 2021 INSC 261

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Summary

To address High Court arrears, the Court activated Article 224A through guidelines for consenting retired judges to sit as ad hoc judges with prior presidential consent. The 2021 framework supplemented regular appointments, set triggers and an embargo where regular recommendations were insufficient, and prescribed selection, tenure, work and remuneration. Proceedings remained pending as a continuing mandamus for progress review and possible refinement.

Issues

  1. How Article 224A could be used to address High Court arrears without replacing regular judicial appointments.
  2. What selection, appointment, tenure, work-allocation and remuneration safeguards should govern the initial framework.

Provisions considered

Held

Result

Guidelines issued for activating Article 224A; proceedings retained as a continuing mandamus and listed after four months with a Ministry of Justice progress report required.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 317.