Process to appoint ad hoc judges must be less cumbersome: SC

Category
Polity & Governance
Published
16th Dec, 2022

Context

The Supreme Court told the Centre that the objective of reducing pendency of cases in the high courts should not get defeated by the “cumbersome” procedure to appoint retired judges as ad-hoc judges to high courts.

Who are ad hoc Judges of High Court?

A judge ad hoc is a judge appointed by a special procedurefor a specific case, or period only.
Ad-hoc judges should generally have tenure of 2-3 years.
Depending on the strength of the High Court and the problems it faces, they may appoint 2-5.

Constitutional Provisions:

The appointment of retired judges was provided for in the Constitution under Article 224A (appointment of retired judges at sittings of High Courts).

CJI gives recommendations for judges to be appointed on an ad hoc basis in High Courts.

Difference between ad hoc judges and acting judges:

In case of absence of main judge, additional judge can act at the place of main judge.
But ad hoc judge is temporary; he acts only at certain occasion in the absence of main judge.

Need to appoint ad hoc judges:

Faster delivery of justice.
For reducing pendency of cases in High Courts.
As number of cases is far more in high court than in Supreme Court, hence to reduce the workload.
To use experience of the senior judges.