An ad hoc judge is a judge appointed by a special procedure for a specific project, case, or period only—as opposed to, and in contrast to, a regular judge, appointed through a regular procedure for a regular period of time. Here we will discuss Ad hoc Judges which is an important topic for UPSC Indian Polity Preparation.

What exactly is an Ad hoc Judge?

• Article 127 of the Constitution suggests that when a quorum of permanent judges is required to hold or continue a Supreme Court session, the Chief Justice of India can appoint a judge of a High Court as an ad hoc Supreme Court judge for a limited time.
• He/she can only do so after consulting with the chief justice of the High Court in question and receiving the President's prior approval.
• The judge chosen for this position should be qualified to serve on the Supreme Court.
• It is the obligation of the judge thus appointed to attend Supreme Court sittings first and foremost, above his other responsibilities.
• While doing so, he has all of the authority, powers, and benefits (as well as the responsibilities) of a Supreme Court judge.

Strength of Supreme Court Judges

• Currently, the Supreme Court has 34 judges including the Chief Justice of India. In 1950, when it was established, it had 8 judges including the Chief Justice of India.
• They can be regulated by the Parliament through legislation.

Conclusion

The court, as the fundamental bastion of civil liberties, must remain completely independent and undisturbed by the Executive's direct and indirect influence. The absolute least that can be done to safeguard India's judicial system's independence is to find and nominate judges of the highest integrity to the country's highest courts.

FAQs

MCQs

1. Under which Article of the Indian Constitution can ad hoc judges be appointed to the Supreme Court?

A) Article 124
B) Article 127
C) Article 128
D) Article 130

2. Who has the authority to appoint ad hoc judges in the Supreme Court of India?

A) The President of India
B) The Parliament
C) The Chief Justice of India
D) The Prime Minister

3. What is the primary purpose of appointing ad hoc judges?

A) To replace retired judges
B) To handle specific cases or manage increased workloads
C) To serve as permanent judges
D) To oversee administrative functions

4. Which of the following is a qualification for an ad hoc judge in the Supreme Court?

A) Must be a retired judge
B) Must be a sitting judge of a High Court
C) Must be an advocate with 5 years of experience
D) Must be a member of Parliament

5. How does the appointment of ad hoc judges affect the judiciary?

A) It undermines judicial independence
B) It helps reduce case backlogs
C) It replaces the need for permanent judges
D) It has no impact

GS Mains Questions and Model Answers

Q1: Discuss the constitutional provisions for the appointment of ad hoc judges in the Supreme Court of India. How do these provisions ensure the effective functioning of the judiciary?

Answer: Article 127 of the Indian Constitution empowers the Chief Justice of India to appoint ad hoc judges to the Supreme Court when a quorum of judges is not available to hold or continue a session. The Chief Justice may, with the previous consent of the President and after consultation with the Chief Justice of the concerned High Court, request a sitting High Court judge qualified for appointment as a Supreme Court judge to attend and act as an ad hoc judge. This provision ensures that the Supreme Court can maintain its functionality and manage its caseload effectively, even in situations of temporary shortages of judges, thereby upholding the principle of timely justice.

Q2: Analyze the role of ad hoc judges in addressing the issue of pendency of cases in the Indian judiciary. What are the potential advantages and disadvantages of appointing ad hoc judges?

Answer: The appointment of ad hoc judges serves as a mechanism to address the backlog of cases in the judiciary. By bringing in experienced judges temporarily, courts can expedite the resolution of pending cases, enhancing the efficiency of the judicial system. Advantages include the swift reduction of case backlogs and the infusion of additional judicial expertise. However, potential disadvantages encompass concerns over the independence of the judiciary, as frequent reliance on temporary judges could undermine the long-term solution of filling permanent vacancies. Additionally, ad hoc appointments may affect consistency in judicial decision-making.

Q3: Evaluate the impact of appointing ad hoc judges on the independence of the judiciary. How can their appointment be balanced with the need for judicial efficiency?

Answer: The appointment of ad hoc judges can potentially impact the independence of the judiciary if overused or politically influenced, as it may create a perception of interference with judicial processes. To balance judicial independence with the need for efficiency, clear guidelines on the duration and scope of their appointments must be established. Regular appointments to fill vacancies should be prioritized, and ad hoc appointments should be treated as a temporary measure to address urgent needs. Ensuring transparency in the selection process and adherence to constitutional procedures can help maintain public trust and the integrity of the judiciary.

Previous Year Questions on Ad Hoc Judges

1. UPSC CSE Prelims 2020:

Question: Under which Article of the Indian Constitution can the Chief Justice of India appoint ad hoc judges?

A) Article 124
B) Article 127
C) Article 128
D) Article 130

Answer: (B)

Explanation: Article 127 of the Indian Constitution empowers the Chief Justice of India to appoint ad hoc judges to the Supreme Court under specific circumstances.

2. UPSC CSE Mains 2018 (GS Paper 2):

Question: "Examine the constitutional provisions related to the appointment of ad hoc judges and assess their role in reducing judicial delays in India."

Answer: The Indian Constitution, under Article 127, provides for the appointment of ad hoc judges to the Supreme Court when a quorum of judges is unavailable to hold or continue court sessions. This provision is intended to address temporary shortages of judges and reduce judicial delays. Ad hoc judges, often senior High Court judges, bring additional experience and expertise, helping to expedite pending cases. While their appointment aids in reducing delays, it is important to ensure that it does not become a substitute for filling permanent judicial vacancies. Effective use of ad hoc judges requires transparency, adherence to constitutional norms, and maintaining judicial independence to enhance the credibility and efficiency of the judiciary.