The bench of CJI Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana was hearing a matter on seniority of judicial officers in Rajasthan when a side discussion surfaced about the stalled ad‑hoc judge plan.
The idea, originally revived by former CJI S.A. Bobde, had aimed to fill bench gaps by allowing retired judges to sit temporarily, but it never materialised.
Bar associations, starting mid‑October, passed a series of resolutions condemning the move, arguing it undermined the bar’s role; the motion was adopted by several state bars, including Delhi and Mumbai.
The setback leaves dozens of retired judges, who had postponed private practice expecting appointments, in limbo; one retired judge noted that the new pension cap of ₹25,000 a month would make continued practice untenable.
The court will now convene a special committee to explore alternative mechanisms, and the bar is poised to file a petition seeking a clearer statutory framework for post‑retirement judicial service.