7th February 2025 (13 Topics)
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Ad-hoc Judges Appointment
Context
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.
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