The Excessive Court docket Bar Affiliation (HCBA), Allahabad, has addressed a proper communication to the President of India, with a duplicate to the Union Regulation Minister and the Chief Justice Of India, expressing sturdy reservations relating to the proposal accepted by the SC collegium for appointing 5 named retired Allahabad HC judges on Advert-Hoc foundation within the HC below Article 224-A of the Structure of India.
Within the illustration dated February 5, 2026, the Affiliation termed the Collegium’s assertion as ‘inexplicable’ and one which “has been a trigger for consternation to the authorized fraternity within the state“.
The HCBA has asserted that the Supreme Court docket collegium’s invocation of Article 224-A of the Structure of India is in contravention of that provision, which gives that the appointment of an advert hoc decide is the area of the Chief Justice of the Excessive Court docket with the President’s prior consent.
The letter provides that the 5 selections seem to have been picked out of the blue from amongst a pool of retired judges, unaccompanied by any train of selecting the most effective from the accessible pool of retired judges.
Difficult the benefit of the names proposed, the HCBA acknowledged that the names “fail to encourage confidence within the means of the beneficial individuals to clear pendency of instances“.
The letter cum illustration particularly submit that, if appointments are made out of the pool of retired Judges, latest retirees shall be discovered to have higher and simpler disposal on deserves than the chosen 5.
“A search on the web exhibits a minuscule variety of instances having been determined by no less than 4 of 5 judges throughout their tenure of just about two years as excessive courtroom judges“, the letter reads.
The letter additionally refers back to the knowledge, claiming that Justice Mohd. Aslam delivered 46 judgments between 2021 and 2023, Justice Renu Agarwal delivered 73 judgments between 2022 and 2024, Justice Jyotsana Sharma delivered 93 judgments between 2022 and 2025, and Justice Syed Aftab Hussain Rizvi delivered 151 judgments between 2021 and 2025.
Moreover, the illustration argues that vacancies within the Excessive Courts throughout varied states must be stuffed from amongst eligible attorneys or judicial officers by way of due course of.
It submits that, as a substitute of appointing retired judges by invoking Article 224-A of the Structure of India, it will have been healthful to make common appointments to fill the vacancies.
“…appointing 5 judges from pool of retired judges to refill any vacancies within the Excessive Court docket at Allahabad merely deprives eligible individuals of the authorized fraternity from being appointed to a delicate constitutional put up whereas the put up is stuffed up by a retired Excessive Court docket judges whose innings within the system is already full” it provides.
The letter was signed by President Rakesh Pande and Hony. Secretary Akhilesh Kumar Sharma.
Additionally learn: Explainer : Appointment Of Advert-Hoc Judges Beneath Article 224A
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