Ad-hoc Judges Appointment

About Ad-hoc Judges Appointment:

The Supreme Court of India made a landmark decision allowing High Courts to appoint retired judges on an ad-hoc basis to address the mounting backlog of criminal cases. The decision came in the wake of a growing pendency of cases, particularly in criminal appeals, across the country’s High Courts.

• About Ad-hoc Judges Appointment
  • Article 224-A allows the appointment of retired judges to High Courts on an ad-hoc basis. This provision was introduced by the Constitution (Fifteenth Amendment) Act, 1963.
  • The appointment requires the consent of the retired judge and the President of India. Such judges enjoy the same jurisdiction, powers, and privileges as sitting judges.
  • Appointment Procedure:
    • Once a retired judge consents to the appointment, the Chief Justice of the High Court submits the name and proposed tenure to the Chief Minister.
    • The Chief Minister forwards the recommendation to the Governor, who then sends it to the Union Minister of Law and Justice.
    • The Union Law Minister consults the Chief Justice of India (CJI), after which the recommendation is sent to the Prime Minister.
    • Finally, the President of India approves the appointment, and the Chief Minister issues the formal notification.
  • When Can Ad-hoc Judges be Appointed? Ad-hoc judges are appointed under specific circumstances, particularly when:
    • Judicial vacancies exceed 20% of the sanctioned strength.
    • Cases in a specific category have been pending for more than five years.
    • More than 10% of cases are pending for over five years.
    • The case disposal rate is lower than the rate of incoming cases.
  • Conditions for Appointment in January 2025 Order:
    • The Supreme Court’s January 2025 order allows High Courts to appoint retired judges on an ad-hoc basis, even when vacancies are less than 20% of the sanctioned strength.
    • Ad-hoc judges will only hear criminal appeals and must be part of a Bench led by a sitting judge.
    • The number of ad-hoc judges should not exceed 10%of the High Court’s sanctioned judicial strength.
    • Appointment Duration and Number: Ad-hoc judges should typically be appointed for 2 to 3 years. Each High Court can have 2 to 5 ad-hoc judges.
    • Allowances and Benefits:
      • Ad-hoc judges will receive the same pay and allowances as permanent judges, excluding pension.

They will either be provided with rent-free accommodation or a housing allowance.