Report No. 79
3. Strength of High Courts: numerical and qualitative aspects
(12) Institution being in excess of disposal, any scheme for improvement must ensure that:-
(i) the disposal is not less than the institution; and
(ii) the heavy backlog is reduced-one quarter be cleared in one year Increase in judges' strength is unavoidable.1
(13) Permanent strength of each High Court should be fixed and reviewed, keeping in view the average institution during the preceding three years.2
(14) For clearing arrears, additional and ad hoc judges should be appointed. However, it is not advisable to have only additional judges for the purpose as, ordinarily, persons so appointed should not be sent back to the profession or to their substantive judicial posts.3
(15) Recommendation of the Chief justice (for the appointment of Judges) should be attended to promptly. An outside limit of six months should be observed in this regard.4
(16) For clearing arrears, Article 224A of the Constitution may be availed of. Retired Judges, who had a reputation for efficiency and quick disposal, and who retired within three years, be reappointed ad hoc under this article. Persons who have retired from other High Courts can also be considered.5 The appointments should be normally for one year, to be extended by further periods of one year each, upto a total of three years.
(17) The Chief Justice can play a pivotal role in securing disposal.6
(18) The best persons should be appointed on High Court benches, the over¬riding consideration being merit.7
(19) Service conditions of...judges should also be improved in order to attract persons of the right calibre.8
(20) Increase in the number of judges must also take into account the need for more court rooms, staff, and law books.9
(21) Punctuality should be adhered to, and court timings duly observed.10
1. Paras. 3.1 to 3.7,
2. Para. 3.8.
3. Para. 3.9.
4. Para. 3.10.
5. Paras. 3.12 and 3.13.
6. Para. 3.14.
7. Para. 3.15.
8. Para. 3.16.
9. Para. 3.17.
10. Para. 3.18.