India News

Retired judicial officers can be judges of High Courts, rules SC

Published

8 years ago

February 23, 2018

[vc_row][vc_column][vc_column_text]Supreme Court bench of Justices AK Sikri and Ashok Bhushan also says Additional Judges can be appointed to high courts for tenure of less than 2 years

In a landmark judgment that could significantly bring down the large number of vacancies for judges, the Supreme Court, on Friday (February 23) ruled that retired judicial officers can be appointed as judges of any High Court under Article 217(2)(a) of the Constitution of India.

Further, the court said that additional judges can also be appointed to high courts provided that their tenure is of less than two years and that the appointment is done in conformity with provisions laid down under Article 224 of the Constitution.

The judgement, passed by a Supreme Court bench of Justices AK Sikri and Ashok Bhushan, came in a petition filed by advocate Sunil Samdaria, who had challenged the appointments of two additional judges – Justices Virendra Kumar Mathur and Ram Chandra Singh Jhala – to the Rajasthan High Court. The top court has upheld the appointments of these two additional judges.

In his petition, Samdaria had submitted that the appointment of the said additional judges was a violation of Article 224.[/vc_column_text][vc_column_text css=”.vc_custom_1519376297857{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]Article 224, which deals with the “appointment of additional and acting judges”, lays down the following criteria:

If by reason of any temporary increase in the business of High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be, for the time being, increased the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years, as he may specify
When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties
No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty two years

Article 217(2)(a) of the Constitution which deals with appointment high court judges states:

A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and

(a) has for at least ten years held a judicial office in the territory of India…[/vc_column_text][vc_column_text]The petitioner had claimed that additional judges cannot be appointed to high courts under Article 224 for less than 2 years where pendency of cases is more than 2 years and that since the pendency of cases in the Rajasthan High Court was for a period exceeding 10 years, the appointment of the two additional judges for a tenure of less than two years was contrary to the constitutional provisions.

Samdaria had also argued that the Apex Court had, in Kumar Padma Prasad v/s Union of India, ruled that in order to qualify for appointment as a Judge of High Court under Article 217 (2) (a) of the Constitution of India, the candidate must hold judicial office in judicial service of the State. He had said that since the two additional judges had retired from the Rajasthan judicial service in 2016, thereby having ceased to hold judicial office, “they were neither qualified nor eligible to be appointed as Judge of High Court on the date of issuance of warrant of appointment by President of India”.

—With agency inputs, further details of the verdict are awaited

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Delhi Palam fire leaves 6 dead, massive rescue operation underway

Six people died after a fire broke out in a residential building in Delhi’s Palam. Firefighters continue rescue efforts with 30 tenders at the spot.

Published

2 hours ago

March 18, 2026

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A tragic fire incident in southwest Delhi’s Palam area on Wednesday morning claimed the lives of six people, triggering a large-scale emergency response.

According to officials, the blaze erupted in a residential building, prompting immediate action from fire and police authorities. Around 30 fire tenders were rushed to the spot to control the flames and carry out rescue operations.

Authorities said they received a distress call at approximately 7 am reporting the fire at a house within the building. Firefighters were deployed swiftly amid concerns that several residents could be trapped inside the structure.

A fire services official stated that initial information suggested people might still be inside, leading to an intensive search and rescue effort. Emergency teams, including police personnel, reached the congested locality to assist in evacuation and crowd management.

The firefighting operation was still ongoing at the time of reporting. The exact cause of the fire has not yet been determined, and further details are awaited as authorities continue their investigation.

India News

Centre mandates 60% free seat allocation on flights, caps selection fees

Airlines must now offer 60% seats without extra charges and ensure better seating arrangements for passengers under new government rules.

Published

3 hours ago

March 18, 2026

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In a significant move aimed at protecting air travellers, the Union Ministry of Civil Aviation has directed airlines to ensure that at least 60 per cent of seats on every flight are offered without any additional selection fee. The decision follows widespread complaints from passengers about hidden charges, particularly for seat selection.

The directive has been issued through the Directorate General of Civil Aviation, which has introduced a series of passenger-friendly norms to enhance transparency and improve the overall flying experience.

Under the new guidelines, airlines have also been instructed to seat passengers travelling on the same PNR together, preferably in adjacent seats. This is expected to address long-standing concerns among families and group travellers, who often face inconvenience due to scattered seating arrangements.

The regulator has further emphasised the need to safeguard passenger rights in situations such as flight delays, cancellations, and denied boarding. Airlines have been asked to prominently display these rights across their websites, mobile applications, booking platforms, and airport counters to ensure better awareness.

In addition, carriers must establish clear and transparent policies regarding the carriage of sports equipment, musical instruments, and pets. The move comes in response to frequent complaints over inconsistent rules and high charges. Airlines have been directed to align such policies with safety and operational standards while ensuring they are communicated in a simple and passenger-friendly manner.

To improve accessibility, the regulator has also asked airlines to share passenger rights information in regional languages.

India News

Mamata Banerjee warns BJP, EC over Bengal polls, says they will be accountable

Mamata Banerjee holds BJP and Election Commission responsible for any incidents during Bengal polls, raising concerns over officer transfers.

Published

17 hours ago

March 17, 2026

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West Bengal Chief Minister Mamata Banerjee has held the Bharatiya Janata Party (BJP) and the Election Commission of India responsible for any untoward incidents in the state during the upcoming assembly elections, following the transfer of key officials.

Addressing concerns over administrative reshuffles, Banerjee said that changes involving senior bureaucrats, including the chief secretary and home secretary, could affect governance and law and order in the state during a crucial period.

The Trinamool Congress chief also announced candidates for 291 constituencies for the elections scheduled to be held in two phases on April 23 and 29.

Criticising the Election Commission, Banerjee alleged that the transfers were being carried out in a manner that benefits the BJP. She questioned the timing of the decisions and said such actions weaken the state administration at a sensitive time.

She further raised concerns about disaster management and essential services, stating that experienced officials familiar with the state’s situation have been replaced. According to her, this could impact administrative efficiency if any emergency arises before the new government is formed.

Protecting Bengal’s identity

Banerjee emphasised that the election is not merely about forming a government but about safeguarding Bengal’s identity and existence. She accused the BJP of misusing central agencies and attempting to influence the electoral process.

She urged that elections should be conducted peacefully, without external interference, and in line with democratic principles. The chief minister also expressed confidence that her party would return to power with a stronger mandate.

Appealing to voters, she called for support for the Trinamool Congress, asserting that the people of Bengal will ultimately decide the outcome and protect their democratic rights.