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'It Appears Very Easy From Outside, We Will See': SC Grants 4 Weeks To Its Secretary General To File Response To Plea For Appointment Of Additional Judges U/A 128
Mehal Jain
26 Nov 2020 2:15 PM IST
The Supreme Court on Thursday allowed 4 weeks' time to its Secretary General to file response on a plea seeking appointment of additional judges to the top court.The bench of Chief Justice S. A. Bobde, A. S. Bopanna and V. Ramasubramanian was hearing a 2019 writ petition by NGO Lok Prahari with the aforesaid prayer."This is not an adversarial matter. But none of the 15 respondents (being...
The Supreme Court on Thursday allowed 4 weeks' time to its Secretary General to file response on a plea seeking appointment of additional judges to the top court.
The bench of Chief Justice S. A. Bobde, A. S. Bopanna and V. Ramasubramanian was hearing a 2019 writ petition by NGO Lok Prahari with the aforesaid prayer.
"This is not an adversarial matter. But none of the 15 respondents (being the Union of India, the Supreme Court and 13 High Courts) have filed a reply so far", began Mr. S. N. Shukla, General Secretary, Lok Prahari.
"This matter of additional judges is for the Supreme Court and not for the Centre", advanced Senior Advocate A. N. S. Nadkarni, seeking time to file the reply on behalf of the Secretary General, Supreme Court.
"There are numerous pending matters which are to be disposed by larger benches. Under Article 128, the court may consider procuring services of retired judges for regular matters so that sitting judges are freed for the larger benches...", submitted Mr. Shukla.
"It all appears very easy from the outside...we will see...we are not saying 'no' to you...", remarked the CJ, granting 4 weeks' time to Mr. Nadkarni to file the reply.
Article 128 of the Constitution- "Attendance of retired Judges at sittings of the Supreme Court"- provides that the Chief Justice of India may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court. It further stipulates that every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court."...nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do", adds the proviso.
Article 224A contains a similar provision in respect of High Courts.
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