Supreme Court’s Landmark Move: Relaxation of Conditions for Ad Hoc Judge Appointments in High Courts

New Delhi: The Indian judiciary is set to witness a transformative shift as the Supreme Court recently eased restrictions on appointing ad hoc judges in High Courts. This pivotal decision, spearheaded by a bench led by Chief Justice of India (CJI) Sanjiv Khanna, aims to address the burgeoning backlog of cases clogging the judicial system. With over 66 lakh cases pending across High Courts, this move is expected to be a game-changer in expediting justice delivery.

Breaking Free from the ‘Tareekh Pe Tareekh’ Culture

The phrase ‘tareekh pe tareekh,’ symbolizing endless adjournments, has long plagued India’s judiciary. In response, the Supreme Court has lifted the 20% vacancy threshold that previously limited the appointment of ad hoc judges. This restriction, introduced in the 2021 Lok Prahari vs. Union of India case, hindered High Courts from efficiently managing case backlogs unless vacancies crossed a critical threshold.

Now, High Courts can appoint retired judges on an ad hoc basis without being constrained by this condition, marking a significant shift towards judicial efficiency.

Understanding Ad Hoc Judge Appointments

Ad hoc judges are retired judicial officers appointed for a limited term, typically ranging from 2 to 3 years, to address specific case backlogs. Unlike regular judicial appointments routed through the Supreme Court collegium, ad hoc appointments follow a streamlined process:

1. Selection: Chief Justices of High Courts identify suitable retired judges.
2. Concurrence: The identified judges’ consent is obtained.
3. Approval: Recommendations are forwarded to the state’s Chief Minister and Governor, then to the Union Law Ministry, and finally to the Prime Minister’s Office after consulting the CJI.

Ad hoc judges receive remuneration and perks equivalent to serving judges, ensuring their roles remain attractive and dignified. They are not allowed to perform any other legal work, such as arbitration.

Key Changes Introduced by the Supreme Court

The recent ruling brings several notable changes:

• Elimination of the 20% Vacancy Clause: High Courts no longer need to wait for vacancies to exceed 20% before appointing ad hoc judges.
• Flexibility in Appointments: High Courts can appoint 2 to 5 ad hoc judges, provided they do not exceed 10% of the sanctioned judicial strength.
• Focus on Criminal Appeals: Ad hoc judges will primarily assist in benches handling criminal cases, working alongside permanent judges.
• Trigger Points for Appointments: Appointments can be triggered if arrears in a particular category exceed five years or if more than 10% of pending cases are over five years old.

These reforms are designed to expedite case resolution, particularly in criminal appeals where delays can have severe consequences for justice.

Addressing the Pendency Crisis

According to the National Judicial Data Grid (NJDG), over 66 lakh cases are pending in High Courts, with approximately 18 lakh being criminal cases. Shockingly, half of these cases have been pending for over five years, highlighting the urgent need for judicial reforms.

The Supreme Court’s decision aligns with recommendations from various Law Commissions and judicial conferences, which have long advocated for the strategic use of retired judges to manage case backlogs effectively. A recent conference called by the CJI also discussed establishing evening courts to further alleviate case pendency.

Legal Foundation: Article 224A of the Constitution

The appointment of ad hoc judges is rooted in Article 224A of the Indian Constitution, which empowers the Chief Justice of a High Court to request retired judges to serve temporarily, with the President’s consent. This provision, though rarely invoked in the past, is now being revitalized to address contemporary judicial challenges.

The Supreme Court’s earlier stance in the Lok Prahari case emphasized caution in using this mechanism, fearing it might discourage efforts to fill regular vacancies. However, the current reforms strike a balance, ensuring ad hoc appointments complement rather than replace permanent judicial appointments.

Detailed Appointment Process

The Memorandum of Procedure (MoP) outlines the appointment process:

1. Consent: The retired judge’s consent is obtained by the Chief Justice of the High Court.
2. State Consultation: The recommendation is forwarded to the Chief Minister, who consults with the Governor.
3. Union Review: The Union Law Minister consults the CJI.
4. Final Approval: The Prime Minister advises the President on the appointment.

No Fixed Timeline but Immediate Implementation

While the Supreme Court has refrained from setting rigid timelines for ad hoc appointments, it has underscored the urgency of immediate action. High Courts are expected to commence the appointment process without delay, ensuring swift progress in reducing case backlogs.

Impact on High Courts Across India

The ruling is poised to benefit High Courts nationwide, especially those grappling with severe judicial shortages. For instance, the Allahabad High Court, operating with just 80 judges against a sanctioned strength of 160, can now appoint ad hoc judges to bridge the gap. As of November 21, 2024, there were 364 vacancies in High Courts against a sanctioned strength of 1,122 judges.

Notable Past Appointments of Ad Hoc Judges

• Justice Suraj Bhan in Madhya Pradesh HC (1972)
• Justice P. Venugopal in Madras HC (1982-1983)
• Justice O.P. Srivastava in Allahabad HC (2007 for Ayodhya title suits)

Since the 2021 decision, there have been no recorded instances of ad hoc judge appointments, making the current move even more significant.

Conclusion

The Supreme Court’s decision to relax conditions for appointing ad hoc judges is a landmark step towards judicial reform in India. By empowering High Courts to act swiftly and decisively, this move promises to enhance judicial efficiency, reduce case backlogs, and restore public faith in the timely delivery of justice.

As the implementation unfolds, it remains to be seen how effectively High Courts leverage this opportunity to transform the judicial landscape. One thing is clear: the era of endless adjournments is on the brink of change, ushering in a new dawn for India’s justice system.

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