Ad Hoc Judges in High Courts

Ad Hoc Judges in High Courts: Recently, the Supreme Court suggested temporarily appointing retired judges on an ad hoc (as required) basis to address the growing backlog of pending criminal cases before several High Courts.

  • About: Proposal under Article 224A of the Indian Constitution, allowing retired HC judges to temporarily perform duties with the President's consent.
  • Procedure for Appointment (Article 224A): Chief Justice of a High Court requests a retired judge's appointment with the President's approval.
  • Appointees: Receive allowances as per the President's order.

o Hold the jurisdiction, powers, and privileges of an HC judge but are not “deemed” as one.

  • 2021 SC Directive: Appointment process must be routed through the Supreme Court collegium (CJI + 2 senior-most judges).
  • Conditions for Ad Hoc Appointments (Lok Prahari Case, 2021): Vacancies > 20% of sanctioned strength (excluding proposals).
  • SC's Concerns and Recommendations: Ad hoc appointments should not replace regular judge recruitment.