Ad Hoc Judges in India: Appointment, Powers, and Constitutional Provisions

Why in news?

• The Supreme Court has permitted the appointment of ad hoc judges in High Courts to address the backlog of 18 lakh pending criminal cases.
• The central government is awaiting recommendations from respective High Courts to finalize appointments.

Article 224A: Constitutional Provision for Ad Hoc Judges

What is Article 224A?

• Article 224A of the Indian Constitution allows the Chief Justice of a High Court, with prior consent from the President of India, to recall a retired High Court judge to serve temporarily.
• These judges do not hold permanent positions but assist in handling excess judicial workload.

Reasons for Appointment of Ad Hoc Judges

Ad hoc judges are appointed under the following circumstances:

• Case Backlog: When High Courts face a significant pendency of cases.
• Judicial Vacancies: Due to a shortage of permanent judges.
• Temporary Workload Increase: When there is a sudden surge in case filings.
• Judicial Crisis: If regular judges are unavailable due to illness, leave, or other reasons.

Eligibility Criteria for Ad Hoc Judges

• Must be a retired judge of any High Court in India.
• Appointment requires the consent of the President of India.

Process of Appointment

• The Chief Justice of a High Court consults the High Court Collegium (senior judges).
• A recommendation is sent to the Chief Justice of India (CJI).
• The CJI consults the Supreme Court Collegium.
• Upon approval, the President of India grants consent.
• The retired judge is appointed as an ad hoc judge for a specific period.

Powers and Functions of Ad Hoc Judges

• They exercise the same jurisdiction and powers as permanent High Court judges.
• They hear and decide cases assigned to them.
• They cannot participate in administrative functions of the High Court.

Term and Removal of Ad Hoc Judges

• No fixed tenure, but they serve for the specified period mentioned in their appointment.
• The President can revoke their appointment based on the recommendation of the Chief Justice of the High Court.

Conclusion

• The appointment of ad hoc judges under Article 224A is a crucial step to strengthen the judiciary and reduce case backlogs in High Courts.
• By effectively utilizing experienced retired judges, the Indian legal system can function more efficiently while maintaining judicial integrity.