Supreme Court eases rules for appointing ad hoc High Court judges; vacancies no longer need to exceed 20%

In the rapidly advancing digital age, establishing secure and reliable digital identities has become paramount. One of the most ambitious initiatives in this domain is India’s Aadhaar project, which provides a unique identification number to over a billion residents. At the helm of this monumental endeavor was Srikanth Nadhamuni, the project’s founder and Chief Technology Officer (CTO). His insights shed light on the complexities and future challenges of digital identity systems, especially in the context of emerging technologies like Generative AI.Analytics India Magazine

The Genesis of Aadhaar: Overcoming Initial Skepticism

The inception of Aadhaar was met with skepticism, particularly regarding the feasibility of deduplication in a country with a vast population. An illustrative anecdote involves a consultation with Professor Jim Wayman, a leading expert in biometric systems. He posited that achieving deduplication for 1.3 billion people would necessitate server infrastructures spanning six football fields, with high error rates. This perspective underscored the monumental challenges the team faced in designing a scalable and accurate biometric system.

Navigating the Digital Identity Landscape: Key Challenges

  1. Data Privacy and Security Concerns: As digital identity systems store vast amounts of personal data, ensuring robust security measures is crucial to prevent breaches and unauthorized access.Analytics India Magazine

  2. Technological Infrastructure: Developing countries often face challenges related to technological infrastructure, which can hinder the effective implementation of digital identity systems.

  3. Public Trust and Acceptance: Gaining public trust is essential for the widespread adoption of digital identity systems. Transparent operations and clear communication can play pivotal roles in this regard.

The Emergence of Generative AI: A Double-Edged Sword

While Generative AI offers numerous benefits, it also poses significant threats to digital identity verification systems. Deep fakes—synthetic media that convincingly imitate real human speech, behavior, and appearance—can undermine trust mechanisms within identity systems. The ability of Generative AI to produce hyper-realistic images and videos blurs the lines between reality and fabrication, challenging the authenticity of digital identities.Analytics India Magazine

The Imperative for ‘Proof-of-Personhood’ Mechanisms

In response to the challenges posed by Generative AI, experts like Nadhamuni advocate for the development of ‘proof-of-personhood’ mechanisms. These systems would leverage biometric data to authenticate individuals, ensuring that digital interactions are genuine and trustworthy. Such measures are vital to counteract the potential misuse of AI-generated impersonations and maintain the integrity of digital identity systems.Analytics India Magazine

Global Initiatives and the Path Forward

Beyond Aadhaar, Nadhamuni’s commitment to enhancing digital infrastructure is evident through initiatives like the eGovernments Foundation. This organization collaborates with urban local bodies to improve governance and public service delivery in Indian cities, emphasizing the transformative power of digital solutions in public administration. The Indian Express

Furthermore, the upcoming Digital India Act (DIA) aims to address challenges related to AI-generated disinformation. While the government has stated that AI will not be heavily regulated, the DIA will introduce provisions to create guardrails against high-risk AI applications, ensuring that technologies like Generative AI do not compromise digital identity systems.Analytics India Magazine

Looking Ahead: The Future of Digital Identity

The journey of Aadhaar offers valuable lessons in implementing large-scale digital identity systems. As technology evolves, continuous adaptation and vigilance are essential to address emerging threats and challenges. Collaboration among technologists, policymakers, and the public will be crucial in shaping a secure and inclusive digital identity landscape that stands the test of time.

Suggested Image AI Prompt: “A futuristic digital identity verification system incorporating biometric scanning and AI technology, symbolizing security and innovation.”

Note: This article synthesizes information from various sources, including insights from Srikanth Nadhamuni, to provide a comprehensive overview of the challenges and future directions in digital identity verification.

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Supreme Court eases rules for appointing ad hoc High Court judges; vacancies no longer need to exceed 20%

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n a significant move to address the mounting backlog of cases, the Supreme Court of India has relaxed the stringent conditions previously governing the appointment of ad hoc judges in High Courts. This decision aims to expedite judicial processes and enhance the efficiency of the judiciary.

Background

Article 224A of the Indian Constitution empowers the Chief Justice of a High Court to request retired judges to serve temporarily, with the President’s consent. This provision, though seldom invoked, offers a mechanism to bolster judicial capacity during periods of increased workload or significant vacancies.

In April 2021, the Supreme Court, in the case of Lok Prahari vs. Union of India, established guidelines for such appointments. One key stipulation was that ad hoc judges could only be appointed if the vacancies in a High Court exceeded 20% of its sanctioned strength. This measure was intended to ensure that the appointment of ad hoc judges would not become a substitute for regular judicial appointments.

The Recent Amendment

On January 30, 2025, a bench comprising Chief Justice Sanjiv Khanna, Justice B.R. Gavai, and Justice Surya Kant revisited these guidelines in light of the escalating number of pending cases. The bench observed that the pendency in High Courts had reached alarming levels, with over 62 lakh cases awaiting adjudication—more than 18 lakh of which are criminal cases, and 44 lakh are civil cases.

To mitigate this crisis, the Supreme Court decided to suspend the earlier condition that restricted the appointment of ad hoc judges to situations where vacancies exceeded 20% of the sanctioned strength. This relaxation allows for greater flexibility in appointing ad hoc judges, even when the vacancy rate is below the previously mandated threshold.

Implementation Strategy

The Court has directed each High Court to consider appointing 2 to 5 ad hoc judges, ensuring that the number does not exceed 10% of the High Court’s sanctioned strength. These ad hoc judges will serve on division benches, primarily focusing on criminal appeals. Notably, they will function as junior judges alongside sitting judges, ensuring that experienced judicial oversight is maintained.

The appointment process for these ad hoc judges involves the Chief Justice of the respective High Court identifying suitable retired judges and seeking their consent. Subsequently, the proposal is forwarded to the state’s Chief Minister, who then communicates it to the Union Law Minister. The Law Minister consults with the Chief Justice of India before making a recommendation to the President for final approval.

Rationale Behind the Decision

The Supreme Court’s decision reflects a pragmatic approach to addressing the burgeoning backlog in the judiciary. By leveraging the experience and expertise of retired judges, the Court aims to expedite the resolution of pending cases, particularly in the criminal justice domain.

This move also underscores the judiciary’s commitment to ensuring timely justice, recognizing that prolonged delays can erode public confidence in the legal system. By relaxing the earlier stringent conditions, the Court has provided High Courts with the necessary flexibility to manage their caseloads more effectively.

Potential Implications

The appointment of ad hoc judges is expected to have several positive outcomes:

  1. Reduction in Pendency: With additional judicial resources, High Courts can address the backlog more efficiently, leading to swifter case resolutions.

  2. Enhanced Judicial Efficiency: The inclusion of experienced retired judges can bring valuable perspectives, potentially improving the quality of judgments.

  3. Public Confidence: Demonstrating proactive measures to tackle delays can bolster public trust in the judiciary’s commitment to justice.

Conclusion

The Supreme Court’s relaxation of conditions for appointing ad hoc judges marks a pivotal step towards strengthening India’s judicial system. By enabling the temporary inclusion of seasoned judges, the judiciary is better equipped to manage its caseload and uphold the principle of timely justice. This initiative not only addresses current challenges but also sets a precedent for adaptive strategies in judicial administration.

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