SC Issues Directives on Appointment of Ad-hoc Judges
Why focus: Tests Article 224A provisions; sets up GS2 Polity assertion-reason traps on High Court ad-hoc judge appointment ceilings and powers.
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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Vacancy Threshold BEFORE: Appointments could only be initiated if judicial vacancies exceeded 20 percent of a High Court's sanctioned strength. NOW: The 20 percent vacancy condition is completely waived, allowing appointments based on case backlog alone.
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Numerical Cap BEFORE: No strict numerical cap was mandated per court in the 2021 guidelines. NOW: High Courts can appoint 2 to 5 ad-hoc judges, strictly capped at 10 percent of the court's sanctioned judicial strength.
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Case Subject Matter BEFORE: Ad-hoc judges were appointed for general arrears across various legal subjects. NOW: They are specifically mandated to hear and decide pending criminal appeals.
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Bench Composition BEFORE: In 2021, it was suggested that ad-hoc judges sit in division benches consisting exclusively of ad-hoc judges to avoid hierarchy embarrassment. NOW: Ad-hoc judges must sit in a Division Bench presided over by a sitting High Court judge.
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Protocol Discretion BEFORE: Ambiguity existed regarding who presides when retired and sitting judges share a bench, leading to hesitation. NOW: Complete discretion is given to the Chief Justice of the High Court to handle bench composition and resolve protocol issues internally.
What Did NOT Change
The core constitutional requirements under Article 224A remain strictly intact. The prior consent of the President of India and the personal consent of the retired judge are still mandatory before any appointment. Furthermore, while ad-hoc judges enjoy the jurisdiction, powers, and privileges of a High Court judge, they are legally not deemed to be permanent judges of that High Court.
Prelims Angle
NCERT Connection
Common Misconceptions
✗ Ad-hoc judges appointed to High Courts become regular, permanent members of the court for their tenure.
✓ While they exercise the jurisdiction, powers, and privileges of a regular judge, Article 224A explicitly states they shall not be deemed to be a judge of that High Court. It is a temporary, stop-gap arrangement.
Because ad-hoc judges sit in the same courtrooms, pass binding judgments, and receive similar allowances, making them functionally indistinguishable from regular sitting judges to the public.
✗ The Chief Justice of India (CJI) directly appoints ad-hoc judges for any High Court in the country.
✓ Under Article 224A, it is the Chief Justice of the respective High Court who initiates the request, which must then be approved by the President of India.
People conflate the centralized power of the Supreme Court Collegium (which handles regular transfers and appointments) with the specific, decentralized constitutional mandate given to High Court Chief Justices under Article 224A.
Practice Questions
Q1
How Many CorrectConsider the following statements regarding the appointment of ad-hoc judges in High Courts: 1. Article 224A was inserted into the Constitution of India by the 42nd Amendment Act, 1976. 2. According to the January 2025 Supreme Court directives, the number of ad-hoc judges must not exceed 10 percent of a High Court's sanctioned strength. 3. The prior consent of the Governor of the concerned state is constitutionally required before a retired judge can sit as an ad-hoc judge. How many of the above statements are correct?
Q2
Match the FollowingMatch List I (Constitutional Provisions / Cases) with List II (Related Subject Matter): List I A. Article 224A B. Article 128 C. Article 224 D. Lok Prahari Case (2021) List II 1. Attendance of retired judges at Supreme Court sittings 2. Appointment of additional and acting judges in High Courts 3. Appointment of retired judges at High Court sittings 4. Guidelines for invoking dormant provisions for ad-hoc judges Select the correct answer code:
Q3
Assertion & ReasonAssertion (A): In January 2025, the Supreme Court waived the condition that ad-hoc judges under Article 224A can only be appointed if a High Court's vacancies exceed 20 percent of its sanctioned strength. Reason (R): High Courts face an acute backlog of pending criminal appeals that require immediate resolution, necessitating judicial reinforcement regardless of current vacancy rates. Select the correct answer: