Consider the following statements regarding the appointment of ad-hoc judges:

1. Ad-hoc judges in High Courts are appointed under Article 224-A of the Constitution to address judicial backlogs, as reaffirmed by the Supreme Court in the Lok Prahari (2021) judgment.

2. Article 224-A allows ad-hoc judges to be appointed with the consent of the retired judge and the Chief Justice of India.

Which of the statements given above is/are correct?

The correct answer is option 1. 

In News

• On January 30, 2024, the Supreme Court allowed High Courts to appoint ad-hoc judges under Article 224-A to tackle the increasing backlog of cases. The Court relaxed certain restrictions from the Lok Prahari (2021) judgment, allowing ad-hoc judges to hear only criminal appeals as part of a Bench led by a sitting judge. However, the Union Law Ministry has yet to receive proposals from High Courts for such appointments.

Key Points

• Article 224-A of the Constitution enables the appointment of retired judges as ad-hoc judges in High Courts to reduce judicial backlogs. The Supreme Court’s Lok Prahari (2021) judgment reaffirmed their importance in addressing rising pendency. Hence, Statement 1 is correct.
• Article 224-A states that the Chief Justice of a High Court may request a retired judge to serve as an ad-hoc judge, but this requires the prior consent of the President of India, not just the Chief Justice of India (CJI). Hence, Statement 2 is incorrect.

Additional Information

• Process of Appointment:
  • The Chief Justice of a High Court initiates the appointment request.
  • The President of India must give prior consent before an ad-hoc judge can be appointed.
  • The retired judge must also provide consent before assuming the role.
• Conditions set by the Supreme Court (2024 ruling) for ad-hoc judges:
  • They can only hear criminal appeals.
  • Their number cannot exceed 10% of a High Court’s sanctioned strength.
  • They must work as part of a Bench led by a sitting judge.
• Historical Precedents of Ad-hoc Appointments:
  • 1972: Justice Suraj Bhan (Madhya Pradesh High Court).
  • 1982: Justice P. Venugopal (Madras High Court).
  • 2007: Justice O.P. Srivastava (Allahabad High Court – Ayodhya Title Case).