Context:
Supreme Court permitted appointment of retired judges on ad hoc basis to the high courts. On the other hand, the ad hoc judges will hear only criminal appeals as part of a Bench lead by a sitting judge. This relaxes a 2021 rule that limited such appointments to High Courts with over 20% judicial vacancies.
How Are Ad-Hoc Judges Appointed?
- Article 224 (A) (introduced in 1963)
- Permits temporary appointment of retired judges to High Courts.
- Requires consent from both the retired judge and the President of India.
- They draw allowances determined by the President and enjoy the same powers and privileges as sitting judges. Such appointments are made in terms of procedure indicated in the 1998 Memorandum of Procedure (MoP).
When Are Ad-Hoc Judges Appointed?
The 2021 Lok Prahari case indicated some “trigger points” for ad hoc judges:
- Vacancies in courts amounting to more than 20% of sanctioned strength.
- Cases pending for more than five years in a particular category.
- More than 10% of cases in a High Court pending for more than five years.
- Case clearance rate is below the rate of new filing. The Supreme Court had warned that Article 224-A should not be used as a substitute for regular judicial appointments.
What Does the Current Order Say?
- Total cases pending are 62 lakhs before the High Courts as of Jan 25, 2025. Those are:
- 18.2 lakhs are under criminal matters
- 44 lakhs under civil matters.
- Ad hoc vacancy limit of 20% withdrawn, so theoretically ad hoc judges can hear a lot of matters. And the ad hoc judges are allowed to hear only the criminal appeals.
- The sanctioned judicial strength in a High Court can have at most 10% ad hoc judges.
Instances of Ad Hoc Judicial Appointment in the Past
- Justice Suraj Bhan appointed in 1972 to the Madhya Pradesh High Court to handle election petitions.
- Justice P. Venugopal appointed to the Madras High Court in 1982.
- Justice O.P. Srivastava appointed in 2007 to the Allahabad High Court for Ayodhya title suits.
Appointment Of Judges
UPSC Civil Services Examination, Previous Year Question (PYQ)
Prelims
Q. With reference to the Indian judiciary, consider the following statements:
- Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
- A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither I nor 2
Ans: (c)
Mains
Q. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (2017)
