Appointment of Ad-hoc Judges

GS 2 – POLITY

Context: The Supreme Court has recently permitted the appointment of ad hoc judges in High Courts to expedite the resolution of pending criminal cases. It also stated that the vacancy level in High Courts does not necessarily have to exceed 20% of the sanctioned strength to make such appointments.

Who Are Ad-hoc Judges?

Ad-hoc judges are retired judges who are temporarily appointed to fill specific vacancies or meet judicial requirements for a limited period.

Legal Framework and Provisions

• In the Lok Prahari vs. Union of India (2021) case, the Supreme Court laid down guidelines allowing ad hoc appointments under Article 224A of the Indian Constitution.
• Article 224 – Addresses the growing backlog of cases in High Courts.
• Article 224A – Allows the appointment of retired judges to sit in High Court proceedings.

Appointment Process

• The Chief Justice of a High Court, with the President’s prior consent, can request the appointment of an ad hoc judge.
• Eligibility – The candidate must have previously served as a judge in the same or any other High Court.
• Allowances – The judge is entitled to allowances determined by the President of India.
• Powers & Jurisdiction – The appointed judge exercises all judicial powers, privileges, and jurisdiction of a High Court judge but is not officially recognized as a permanent High Court judge.

Lok Prahari vs. Union of India (2021) – Supreme Court’s Ruling

• The ruling invoked Article 224A to facilitate ad hoc appointments in response to case backlogs.
• The guidelines emphasize that ad hoc appointments should be made only after filling regular judicial vacancies.
• The Chief Justice of a High Court can recommend ad hoc appointments if:
  • More than 20% of sanctioned judicial posts are vacant.
  • Over 10% of cases are older than five years.
  • The disposal rate of cases is lower than the number of new filings.

Revised Guidelines

• Each High Court can appoint 2 to 5 ad hoc judges, but the number should not exceed 10% of the sanctioned strength.
• The requirement of 20% vacancies for invoking Article 224A has been temporarily set aside.
• The Memorandum of Procedure (MoP), which lays down the appointment process under Article 224A, must be followed.