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RETIRED JUDGES AND ARBITRATION SYSTEM: A CALL FOR CHANGE

Vice-President Dhankhar expressed concern about retired judges maintaining a strong hold on the country’s arbitration system.

Retired Judge:

According to Article 128 of the Indian Constitution, the Chief Justice of India, with the prior approval of the President, can summon any retired judge of the Supreme Court to serve and perform the duties of a Supreme Court judge.

Need for Introspection:

• He highlighted the unique situation in India where, unlike other nations, the arbitration system is significantly influenced by retired judges.
• Dhankhar called for introspection, emphasizing the necessity of changes in the existing system, even suggesting legislative amendments if required.
• The objective is to break free from the dominance of retired judges and provide opportunities to other qualified individuals.
• Chief Justice remarks on the lack of diversity in appointing arbitrators.
• The Chief Justice pointed out the “old boys club mentality” within the arbitration space.
• Promoting Diversity in Arbitration:The emphasis was on breaking away from the prevalent mentality that tends to overlook other qualified candidates.
• Ensuring Judicial Independence:
  • There is a need to evolve a mechanism where the arbitration process remains free from frequent judicial interventions.
  • The objective is to establish a system that ensures judicial independence and expedites the arbitral process.

• Utilizing Human Resources:India’s rich human resources, qualified individuals are not adequately utilized in the adjudication of arbitral processes.

Institutional Arbitration vs. Ad Hoc Mechanisms:

• Institutional arbitration over ad hoc mechanisms, creates a more robust system for reaching conclusions.
• Institutional arbitration, according to Dhankhar, provides a stable framework for the arbitration process.

Shift in this practice will harness the potential within the country’s legal fraternity.