Allahabad High Court Bar Association Raises Strong Objections to Supreme Court Collegium’s Proposal for Ad-Hoc Appointment of Retired Judges
By Rajesh Pandey
The High Court Bar Association (HCBA), Allahabad, has formally addressed a detailed representation to the President of India, with copies forwarded to the Union Law Minister and the Chief Justice of India, voicing serious reservations over the proposal accepted by the Supreme Court Collegium to appoint five retired judges of the Allahabad High Court on an ad-hoc basis under Article 224-A of the Constitution of India.
In its representation dated February 5, 2026, the HCBA described the Collegium’s decision as “inexplicable” and stated that it had caused considerable concern and consternation within the legal fraternity of Uttar Pradesh.
The Association has contended that the invocation of Article 224-A by the Supreme Court Collegium is contrary to the constitutional scheme.
According to the HCBA, Article 224-A clearly stipulates that the appointment of an ad-hoc judge is within the domain of the Chief Justice of the concerned High Court, subject to the prior consent of the President of India.
The Association has questioned the propriety of the Collegium’s intervention in what it considers to be a constitutionally demarcated process.
Further, the HCBA has expressed dissatisfaction with the selection of the five retired judges, alleging that the names appear to have been chosen arbitrarily from a larger pool of retired judges, without any transparent or objective exercise to identify the most suitable candidates.
The representation asserts that the recommended names do not inspire confidence in their capacity to meaningfully address the mounting pendency of cases in the High Court.
The letter specifically notes that, if appointments are to be made from among retired judges, preference ought to have been given to more recent retirees who, according to the Association, would likely demonstrate greater efficiency and effectiveness in case disposal.
It also claims that publicly available information suggests that at least four of the five proposed judges had disposed of only a limited number of cases during their tenure of nearly two years as High Court judges.
In addition, the HCBA has argued that existing vacancies in High Courts across the country should be filled through regular appointments from among eligible advocates and members of the subordinate judiciary, following the established constitutional process.
The Association maintains that resorting to Article 224-A to appoint retired judges is neither a wholesome nor a sustainable solution to the problem of judicial vacancies.
The representation further states that appointing retired judges to fill vacancies deprives deserving members of the legal fraternity of the opportunity to be considered for elevation to a constitutional office.
It emphasizes that such appointments effectively re-engage individuals whose judicial tenure has already concluded, instead of strengthening the institution through fresh and regular appointments.
The letter has been signed by HCBA President Rakesh Pande and Honorary Secretary Akhilesh Kumar Sharma.
#AllahabadHighCourt #HCBA #SupremeCourtCollegium #Article224A #JudicialAppointments #IndianJudiciary #LegalFraternity #ConstitutionOfIndia
