Context: 

To address the growing backlog of criminal appeals in High Courts, the Supreme Court has relaxed the conditions for appointing ad-hoc judges.

·        The Court suspended a 2021 condition that allowed ad-hoc appointments only when vacancies exceeded 20% of the sanctioned strength. This decision aims to expedite the resolution of pending criminal appeals.

Background and overview:

In 2021, the Supreme Court laid down guidelines for appointing ad-hoc judges in the case of Lok Prahari vs Union of India.

·        The case highlighted the issue of mounting arrears in High Courts and called for the invocation of Article 224A to address the situation. This article allows retired judges to be appointed temporarily to High Courts as an ad hoc judge to clear the backlog.

·        The latest order allows each High Court to appoint 2-5 ad-hoc judges, with the total number not exceeding 10% of the sanctioned strength. These judges will primarily focus on cases older than five years.

·        While ad-hoc judges are not allowed to perform other legal tasks, they may sit alongside senior judges in division benches handling criminal appeals.

Conditions identified for the appointment of ad hoc judges included in 2021:

• Vacancies exceeding 20% of the sanctioned strength.
• Pending cases for more than five years.
• More than 10% of the backlog being older than five years.
• Slow disposal rates of cases.
• Risk of mounting arrears due to a consistent lag in case disposal.

Procedure for Appointing Ad-Hoc Judges

Under Article 127 of the Indian Constitution, when the Supreme Court lacks quorum, the Chief Justice of India can appoint a High Court judge as an ad hoc judge.

·        This appointment requires consultation with the High Court Chief Justice and the President’s consent. The appointee enjoys all powers and duties of a Supreme Court judge.

·        The 2021 guidelines, based on the Memorandum of Procedure (MOP) from 1998, outlined the procedure for appointing ad-hoc judges.

·        The Chief Justice of the concerned High Court recommends retired judges, who must then be approved by the Chief Minister, Governor, Law Minister, and President.

·        The appointed ad-hoc judges serve for two to three years, with their role primarily focused on clearing long-pending cases.