The Supreme Court (SC) has proposed the temporary appointment of retired judges on an ad hoc basis to tackle the backlog of pending criminal cases in various High Courts. The SC has also recommended revisiting its 2021 ruling limiting such appointments to specific situations.
Ad Hoc Judges in High Courts
- Definition: Temporary judges appointed to address urgent needs like reducing case backlogs or filling short-term judicial gaps.
- Purpose: Alleviate the burden of pending cases without adding permanent positions.
Constitutional Basis
- Article 224A of the Constitution permits the Chief Justice of a High Court, with the consent of the President (and the retired judge), to appoint retired High Court judges for temporary service.
Procedure for Appointment
- Outlined in the Memorandum of Procedure (MOP) 1998:
- Consent: Retired judge must agree to the appointment.
- Recommendation: Chief Justice of the High Court submits the nominee’s name and tenure proposal to the state’s Chief Minister.
- Approval Process:
- The CM forwards the recommendation to the Union Law Minister.
- The Union Law Minister consults the Chief Justice of India (CJI) and passes the recommendation to the Prime Minister.
- The PM advises the President on the final approval.
- Collegium System:
- Requirement: As per Lok Prahari v. Union of India (2021), appointments must be approved by the Supreme Court’s collegium.
- The collegium for High Court judge appointments includes the CJI and two senior-most SC judges.
Initiation of Appointment Process
- Conditions for Triggering Ad Hoc Appointments:
- Vacancy: More than 20% of sanctioned High Court judges’ positions remain vacant.
- Backlog: Over 10% of pending cases are older than 5 years.
- Priority: Regular judge appointments must be underway before initiating ad hoc appointments.
Selection Process
- Each High Court’s Chief Justice prepares a panel of retired or soon-to-retire judges for ad hoc appointments.
- Streamlined Process: Intelligence Bureau verification is waived, given the prior judicial service of nominees.
Tenure and Role
- Tenure: Typically two to three years, depending on case backlog and vacancies.
- Role and Restrictions:
- Focus on cases older than five years.
- Prohibited from engaging in private legal work, including arbitration or client representation.
Emoluments and Allowances
- Ad hoc judges receive the same salaries and allowances as permanent judges (excluding pension).
Historical Appointments
- Only three appointments under Article 224A:
- Justice Suraj Bhan: Madhya Pradesh HC, 1972 (election petitions).
- Justice P. Venugopal: Madras HC, 1982, tenure extended in 1983.
- Justice O.P. Srivastava: Allahabad HC, 2007 (Ayodhya title suit).
Significance of Ad Hoc Judges
- Addresses judicial delays and backlog, particularly in High Courts burdened with cases pending for over five years.
- Ensures swift justice delivery and relief to litigants.
- Enables efficient utilization of experienced judicial talent post-retirement.
Temporary judges known as “ad hoc judges” are appointed to a court to fill in for regular judges when they are unavailable or to meet particular demands like clearing backlogs of cases.
