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Punjab and Haryana HC Bar rejects proposal to appoint retired judges ad-hoc, seeks fresh appointments

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The Punjab and Haryana High Court Bar Association’s General House on Monday unanimously opposed any move to reappoint retired high court judges on an ad-hoc basis, asserting that such a proposal was “not acceptable” to the Bar and stood “rejected outrightly”.In a significant resolution passed during a General House meeting, the association instead called for immediate efforts to appoint fresh judges from amongst members of the Bar to fill the existing vacancies on the bench.The meeting was held to deliberate upon a requisition signed by 237 members objecting to the proposal for reappointment of retired judges. “The General House in its meeting has unanimously decided that any such proposed move to re-appoint retired high court judges on ad-hoc basis is not acceptable to the Bar Association and hence, rejected outrightly,” the proceedings recorded.The Bar further resolved: “Efforts be made to appoint fresh judges from amongst the Hon’ble Members of the Bar at the earliest to fill up the vacancies.”The resolution assumes significance amid the continuing debate within legal circles over the proposal to invoke constitutional provisions enabling appointment of retired high court judges on an ad-hoc basis to tackle mounting pendency and shortage of judges.In the requisition addressed to the Chairman, Election Committee, Punjab and Haryana High Court Bar Association, the members had made a request for convening the emergent meeting of General House to discuss the issue regarding the “reappointment of some retired Judges to this high court”.Article 224-A of the Constitution empowers the Chief Justice of a high court to request a retired high court judge to act temporarily as a judge with the prior approval of the President of India. Such appointments are made as an exceptional measure to address acute shortages of judges and ensure the effective administration of justice.

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