Ad-Hoc Judges in High Courts: Supreme Court Relaxes 2021 Rule
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- The earlier 20% vacancy limit has been withdrawn.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
| Judge | Court | Year | Purpose |
|---|---|---|---|
| Justice Suraj Bhan | Madhya Pradesh HC | 1972 | Election petitions |
| Justice P. Venugopal | Madras HC | 1982 | – |
| Justice O.P. Srivastava | Allahabad HC | 2007 | Ayodhya title suits |
Exam angle
- Article: 224A; consent of the President needed.
- Cap: 10% ad hoc judges; earlier trigger: 20% vacancies.
- Case: Lok Prahari (2021).