On the appointment of ad-hoc judges to High Courts

(Source – The Hindu, International Edition – Page No. – 10)

 Supreme Court’s Decision on Ad-hoc Judges

• These judges can only hear criminal appeals and must work as part of a Bench led by a sitting judge.
• The decision relaxes a previous rule set in the Lok Prahari case (2021), which limited such appointments to High Courts where judicial vacancies exceeded 20% of the sanctioned strength.

How are Ad-hoc Judges Appointed?

• Article 224-A, introduced in 1963, allows the appointment of retired judges to High Courts.
• Such appointments require the consent of the retired judge and the President of India.
• Ad-hoc judges receive allowances as determined by the President’s order and hold the same powers as sitting High Court judges.
• The process is detailed in the 1998 Memorandum of Procedure (MoP).

When are Ad-hoc Judges Appointed?

• The Lok Prahari case set conditions for appointing ad-hoc judges.
• The Supreme Court identified several “trigger points” for appointments, including:
  • Vacancies exceeding 20% of the High Court’s sanctioned strength.
  • Cases pending for over five years in a particular category.
  • More than 10% of total cases pending for five years or more.
  • Case clearance rate is lower than the rate of new filings.
• The Supreme Court recommended forming a panel of retired and soon-to-retire judges for appointments.

Key Changes in the Latest Order

• As of January 25, 2024, 62 lakh cases are pending in High Courts.
• Of these, 2 lakh are criminal cases, and 44 lakh are civil cases.
• The Supreme Court removed the 20% vacancy rule, allowing more High Courts to appoint ad-hoc judges.
• However, these judges can only hear criminal appeals.
• The number of ad-hoc judges cannot exceed 10% of a High Court’s sanctioned judicial strength.
• This means each High Court can appoint only 2 to 5 ad-hoc judges.

Conclusion

• The Supreme Court’s decision to appoint retired judges as ad-hoc judges for criminal appeals aims to tackle the massive backlog of cases in High Courts.
• This move seeks to enhance judicial efficiency while maintaining accountability and fairness.