SUPREME COURT PROPOSES AD HOC JUDGES TO TACKLE CASE BACKLOG

GS2 – POLITY

Overview

On January 21, 2025, the Supreme Court of India proposed the temporary appointment of retired judges to address the backlog of criminal cases in High Courts. This suggestion invokes Article 224A of the Constitution, a rarely used provision allowing ad hoc judicial appointments.

About Article 224A

• Empowers the Chief Justice of a High Court to request retired judges to serve temporarily.
• Requires the consent of the retired judge and the President of India.
• Appointed judges receive allowances but are not classified as regular judges.

Appointment Process

• As per the 1998 Memorandum of Procedure (MOP), the process includes:
  1. Consent from the retired judge.
  2. Recommendation by the Chief Justice of the High Court to the state Chief Minister.
  3. Forwarding of the recommendation to the Union Law Minister, who consults the Chief Justice of India.
  4. Approval by the President based on the Prime Minister’s advice.

Supreme Court’s 2021 Ruling

• Mandates that recommendations for ad hoc judges must pass through the Supreme Court collegium, including the Chief Justice and two senior judges, to ensure oversight.

Criteria for Ad Hoc Appointments

• Initiated when:
  • Over 20% of High Court positions remain vacant.
  • More than 10% of cases have been pending for over five years.
  • Regular judicial appointments have not been made for at least 20% of vacancies.

Historical Context

• Article 224A has been invoked only three times:
  • Justice Suraj Bhan (1972)
  • Justice P. Venugopal (1982)
  • Justice O.P. Srivastava (2007)

Recommendations for Implementation

• Chief Justices should maintain a panel of retired judges for ad hoc appointments.
• Suggested tenure: 2–3 years, with 2–5 ad hoc judges per High Court.
• Regular reviews to assess effectiveness.

Judicial Vacancy Crisis

• Nearly 40% of High Court positions are vacant.
• Law Commission reports have long recommended using retired judges to alleviate the burden.
• The Supreme Court’s proposals aim to provide immediate relief while prioritizing permanent appointments.