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

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8 years ago

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[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:

  1. 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
  2. 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
  3. 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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PM Modi thanks voters of West Bengal, hails Syama Prasad Mookerjee dream

PM Narendra Modi welcomes BJP crossing majority in West Bengal, calling it a historic mandate by the people.

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14 hours ago

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May 4, 2026

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PM Narendra Modi

Prime Minister Narendra Modi credited the BJP’s victory in the elections to the West Bengal Assembly elections 2026 to the people of the state and each and every party worker who has suffered in promoting the party and disseminating its message over the last 30-odd years. He thanked the people of Assam for re-electing the party.

Addressing party workers at the BJP headquarters, Modi invoked Jana Sangh found Syama Prasad Mookerjee, who worked for the purpose of a united Bengal, and Sri Aurobindo and said their spirits will be at peace at last. Paying paeans to the vision of Tagore, he recounted that the Nobel laureate had wished for a country where one can hold one’s head high without fear.
The PM said the people of Bengal have chosen the governance model of the party. He promised jobs for the youth, increased safety for women. He said the first cabinet meeting will implement Ayushman Bharat in the state. In the same breath, he promised to act against infiltrators decisively.
Pointing to the violence-less election this time, he said not one citizen has been hurt or killed while it many have died in previous polls.
He appealed to the workers of other parties to end the cycle of violence that had plagued the state for all this time and instead serve Bengal and its people.
The problems posed by the war in Iran found place in the PM’s speech. He noted that the whole country is at a disadvantage but people are soldiering on to achieve Viksit Bharat.
Referring to the importance of nari shakti in the development of India, he took potshots at the Congress and other opposition parties for opposing the women’s reservation bill. Modi reminded the audience that he had warned the Congress, Trinamool Congress and DMK for opposing it and they have been taught a lesson. Referring to Kerala, he said the BJP will see gains in the future. He mocked the Communist Party of India (Marxist) for not having any government left in the country after the loss of the Pinarayi Vijayan-led Left Democratic Front in Kerala.
Attacking the Congress, he said it has become the hub of urban naxals and said the people have thrown out communist thought in the country. The Congress has no understanding of the aspirations of the people. The BJP will continue to stand shoulder to shoulder with the people of Tamil Nadu and Kerala as well, he said.

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BJP crosses majority in West Bengal, PM Narendra Modi says lotus blooms in first reaction

PM Modi hails BJP’s majority in West Bengal, calling it a historic mandate and thanking voters across the state.

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14 hours ago

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May 4, 2026

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pm modi

Prime Minister Narendra Modi on Monday welcomed the Bharatiya Janata Party’s strong performance in the West Bengal Assembly elections 2026, saying the “lotus has bloomed” in the state as the party crossed the majority mark in early results.

In a post on X, Modi thanked the people of West Bengal and described the outcome as a reflection of public trust. He said he bows to every voter for their support, adding that the mandate reflects faith in governance and development-focused politics.

The BJP’s surge in the 294-seat assembly marks a significant political shift in the state, where the party has not previously formed a government. The results indicate a major challenge to the long-standing dominance of the Trinamool Congress.

The election is part of a broader round of state polls across India, where the BJP has shown strong momentum. The party’s performance in West Bengal is being seen as one of the most significant developments in this election cycle.

With counting trends favouring the BJP, focus now turns to final results and the formation of the new government in the state.

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Stalin loses Kolathur seat in Tamil Nadu results 2026 as TVK’s VS Babu scores upset

Media reports suggest MK Stalin has lost his Kolathur stronghold to TVK’s VS Babu in Tamil Nadu election results 2026.

Published

16 hours ago

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May 4, 2026

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MK Stalin

In a significant political development in the Tamil Nadu Assembly election results 2026, Chief Minister M. K. Stalin is reported to have lost the Kolathur constituency, according to media reports based on counting data.

As per these reports, Stalin was defeated by V. S. Babu of Tamilaga Vettri Kazhagam (TVK), marking a notable upset in a seat long regarded as a stronghold of the DMK leader.

Kolathur, located in Chennai, has been closely associated with Stalin for years, making the reported outcome particularly significant in the current election cycle. Earlier counting trends had indicated a tight contest, with Stalin trailing before the result was reported.

The development comes amid a strong showing by actor-turned-politician Vijay’s party, Tamilaga Vettri Kazhagam, which has performed competitively across several constituencies in the state, according to media reports.

While the Dravida Munnetra Kazhagam (DMK) has been leading in multiple seats, the reported loss in Kolathur is being viewed as a key moment in the party’s overall performance.

Final results across Tamil Nadu are still being compiled as counting continues.

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