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Ad-Hoc Judges in High Courts: Supreme Court Relaxes 2021 Rule

7 February 20251 min read
NATIONAL AFFAIRSAd-Hoc Judges inHigh Courts:Supreme CourtRelaxes 2021 Rule7 February 2025safalsetu.com

Why in the news

The Supreme Court allowed High Courts to bring back retired judges on an ad hoc basis to reduce pendency, loosening a 2021 condition tied to vacancy levels.

Key facts

  • Ad hoc judges hear criminal appeals only, in a Bench led by a sitting judge.
  • The earlier 20% vacancy limit has been withdrawn.
  • Ad hoc judges may form at most 10% of a High Court’s sanctioned strength.
  • Pendency on 25 January 2025: 62 lakh cases, of which 18.2 lakh criminal and 44 lakh civil.

Article 224A

  • Added in 1963; allows temporary appointment of retired judges to High Courts.
  • Needs the consent of both the retired judge and the President.
  • Allowances are set by the President; powers and privileges match those of sitting judges.
  • Procedure follows the 1998 Memorandum of Procedure (MoP).

Trigger points (Lok Prahari case, 2021)

  • Vacancies above 20% of sanctioned strength.
  • Cases in a category pending over five years.
  • More than 10% of a High Court’s cases pending over five years.
  • Disposal rate lower than the rate of fresh filing.

The Court had warned that Article 224A must not replace regular appointments.

Past ad hoc appointments

JudgeCourtYearPurpose
Justice Suraj BhanMadhya Pradesh HC1972Election petitions
Justice P. VenugopalMadras HC1982–
Justice O.P. SrivastavaAllahabad HC2007Ayodhya title suits

Exam angle

  • Article: 224A; consent of the President needed.
  • Cap: 10% ad hoc judges; earlier trigger: 20% vacancies.
  • Case: Lok Prahari (2021).

Test yourself

1. Which Article of the Constitution permits appointment of retired judges as ad hoc High Court judges?

Article 224A, introduced in 1963, provides for this.

2. Under the new Supreme Court order, ad hoc judges in High Courts can hear only:

They sit in a Bench led by a sitting judge and hear criminal appeals only.

3. What maximum share of a High Court's sanctioned strength can be ad hoc judges under the order?

The order caps ad hoc judges at 10% of sanctioned strength.