JudiciaryImportant2025-01-30

SC Relaxes Appointment Norms for HC Ad-Hoc Judges

Why focus: GS2 Polity. Direct test on Article 224A provisions. High probability for 'How-Many-Correct' on HC ad-hoc judge appointment rules.

In News

What Happened

On January 30, 2025, a special bench of the Supreme Court relaxed the 2021 guidelines for appointing ad-hoc judges to High Courts under Article 224A of the Constitution. The Court waived the previous rule requiring judicial vacancies to exceed 20% of the sanctioned strength before making such appointments. High Courts are now permitted to appoint two to five retired judges specifically to hear pending criminal appeals alongside a sitting judge.

Why It Matters

This move is critical for addressing the massive judicial pendency in Indian High Courts, which currently face a backlog of over 60 lakh cases. By easing the appointment process for experienced retired judges, the judiciary aims to expedite the disposal of long-pending criminal appeals without overburdening regular benches.

Background

History & Context

Article 224A of the Constitution allows the Chief Justice of a High Court, with the President's previous consent, to request a retired High Court judge to sit and act as a judge. This provision lay largely dormant for decades until a 2021 Supreme Court judgment in the 'Lok Prahari' case activated it to tackle mounting case arrears. The 2021 ruling had established specific trigger points, such as a 20% vacancy rate or cases pending for over five years, to initiate ad-hoc appointments.

What Changed

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BEFORE: Ad-hoc appointments under Article 224A could only be initiated if judicial vacancies in a High Court exceeded 20% of its sanctioned strength. NOW: The Supreme Court has completely waived this 20% vacancy requirement to allow greater flexibility.
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BEFORE: Ad-hoc judges were appointed based on general arrears without a specific mandate for bench composition. NOW: High Courts are explicitly permitted to appoint two to five retired judges to form benches alongside sitting judges specifically to clear pending criminal appeals.

Prelims Angle

NCERT Connection

This event directly connects to Class 11 Indian Constitution at Work, Chapter 6 - Judiciary. It illustrates the practical application of constitutional provisions regarding the composition of the courts and highlights mechanisms available to the judiciary to resolve systemic challenges like judicial pendency.

Practice Questions

Q1

Correct Statement(s)

Which of the following statements is/are correct? 1. Article 224A of the Constitution of India deals with the appointment of retired judges at sittings of High Courts. 2. According to the recent Supreme Court directives, ad-hoc judges can only be appointed to High Courts if their judicial vacancies exceed 20% of the sanctioned strength.

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