The Supreme Court has suggested the appointment of ad hoc judges in High Courts to address the large backlog of criminal appeals.

Need to appoint Ad Hoc Judges

• Pending Cases : SC highlighted data showing significant pendency in several High Courts, including 63,000 criminal appeals in the Allahabad High Court alone.
• High Vacancy : According to the recent report published by the Department of Justice , High Courts around the country have 327 vacancies against their collective sanctioned strength of 1114 judges. 
  • These vacancies include 161 permanent posts and 166 temporary posts for additional judges. 

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About Ad Hoc High Court Judges

• Constitutional Provision: Article 224A  allows the Chief Justice of a High Court to request retired High Court judges to perform judicial duties.
• Requirement for Appointment: The President of India’s prior consent is mandatory for such appointments.
• Entitlements: Ad hoc judges receive allowances as determined by the President’s order.
  • They enjoy all the jurisdiction, powers, and privileges of a judge of that High Court.
• Procedure for appointment: It  was outlined in the 1998 Memorandum of Procedure (MOP).
  • The retired judge must consent to the appointment.
  • The Chief Justice forwards the judge’s name to the Chief Minister.
  • The Chief Minister sends the recommendation to the Union Law Minister.
  • The Union Law Minister consults the Chief Justice of India (CJI) before forwarding the recommendation to the Prime Minister.
  • The Prime Minister advises the President, who grants final approval.
• Time Frame for Appointment: Ad hoc judges can be appointed for a term of 2-3 years, with a possible extension up to five years.
• Scope of Ad Hoc Judges’ Role:
• • They should focus on resolving old cases pending for more than five years.
  • Handling election petitions and other cases requiring urgent resolution.

Lok Prahari Case (2021)

• The Supreme Court ruled that the recommendation must be routed through the Collegium of the Supreme Court, comprising the CJI and the two seniormost judges.
• Trigger points for Appointment of Ad Hoc Judges: 
• • The process of Ad HC Judge appointment can begin if a High Court has a vacancy level exceeding 20% of its sanctioned strength (excluding additional judges).
  • Cases pending in the High Court for more than five years exceed 10% of the backlog.

Prioritization of Regular Appointments

• Ad hoc judges should not be appointed in High Courts functioning with 80% or more of their sanctioned strength.
• Ad hoc appointments should only be considered after all efforts to fill regular vacancies are exhausted.
• Such appointments must not replace or delay the regular appointment process.

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When Have Ad Hoc Judges Been Appointed in the Past?

• Rarely Invoked Provision: Article 224A has been invoked only a few times:
  • Justice Suraj Bhan (1972): Appointed to the Madhya Pradesh High Court to handle election petitions.
  • Justice P. Venugopal (1982): Appointed to the Madras High Court with tenure extended by one year.
  • Justice O.P. Srivastava (2007): Appointed to the Allahabad High Court for adjudicating the Ayodhya title suits.

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