Article 224A: Appointing Retired Judges as Ad Hoc Judges in High Courts
Article 224A of the Indian Constitution deals with the appointment of retired judges to serve as ad hoc judges in High Courts. This provision allows the Chief Justice of a High Court to request a retired judge, with the previous consent of the President, to sit and act as a judge of the High Court. Such ad hoc judges are entitled to allowances determined by the President and possess the jurisdiction, powers, and privileges of a High Court judge during their tenure. However, they are not deemed to be permanent judges of the High Court.
The provision is designed to address the issue of judicial vacancies and case backlogs in High Courts, ensuring the smooth functioning of the judiciary. Recently, the Supreme Court of India issued significant clarifications and modifications regarding the implementation of Article 224A, particularly in light of its April 2021 judgment.
Article 224A states:
“The Chief Justice of a High Court for any State, may with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers, and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court.”
This provision empowers High Courts to address judicial vacancies and case pendency by appointing experienced retired judges on an ad hoc basis.
In its April 2021 judgment, the Supreme Court clarified that the trigger for invoking Article 224A would not be limited to situations where judicial vacancies exceed 20%. The Court emphasized that the appointment of ad hoc judges should be based on the strength of the High Court and the specific challenges it faces, such as a high number of pending cases.
The judgment also specified that the number of ad hoc judges appointed under Article 224A should typically range between two to five per High Court, depending on the court’s requirements. This was intended to ensure that the appointment of ad hoc judges remains proportionate to the needs of the judiciary.
On October 12, 2023, a Supreme Court bench modified its earlier directions from the April 2021 judgment. The bench ordered that High Courts may now appoint ad hoc judges under Article 224A without waiting for judicial vacancies to exceed 20%. Instead, the number of ad hoc judges should be between two to five, but not exceeding 10% of the sanctioned strength of the High Court.
The Court directed that paragraphs 43, 54, and 55 of the April 2021 judgment, which dealt with the 20% vacancy requirement, be kept in abeyance. This change reflects the Court’s recognition of the need for flexibility in addressing judicial workloads and backlogs.
The April 2021 judgment had allowed High Courts to constitute Division Benches comprising only ad hoc judges to handle old cases. However, the recent clarification states that ad hoc judges must sit in benches presided over by a sitting judge of the High Court. This ensures that the expertise of sitting judges complements the experience of ad hoc judges, particularly in deciding pending criminal appeals.
The Supreme Court also emphasized that the Memorandum of Procedure (MoP), which outlines the process for appointments under Article 224A, must be followed. The MoP ensures that the appointment of ad hoc judges is carried out in a transparent and systematic manner, maintaining the integrity of the judicial process.
The appointment of ad hoc judges under Article 224A is a crucial mechanism for addressing judicial vacancies and case backlogs in High Courts. By leveraging the experience of retired judges, High Courts can ensure the timely disposal of cases and maintain the efficiency of the judicial system.
The Supreme Court’s recent clarifications provide High Courts with greater flexibility in appointing ad hoc judges, ensuring that the number of such appointments is proportionate to the court’s needs. This approach balances the requirement for additional judicial resources with the need to maintain the quality and integrity of the judiciary.
The involvement of retired judges as ad hoc judges brings valuable experience and expertise to the judiciary. Their contributions are particularly significant in handling complex cases and long-pending matters, thereby strengthening the overall functioning of the judicial system.
Category | Details |
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Why in News? | Supreme Court modified its April 2021 judgment on Article 224A, allowing more flexibility in appointing ad hoc judges in High Courts. |
What is Article 224A? | Allows Chief Justice of a High Court, with President’s consent, to appoint retired judges as ad hoc judges to address judicial vacancies and case backlogs. |
Appointment Process | Retired judges get allowances, powers, and privileges of a High Court judge, but are not permanent judges. |
April 2021 Judgment | – No strict 20% vacancy rule for invoking Article 224A. – 2 to 5 ad hoc judges per High Court based on case pendency. – Allowed Division Benches of only ad hoc judges for old cases. |
Supreme Court’s October 2023 Modifications | – Removed 20% vacancy rule, limited ad hoc judges to 10% of sanctioned strength. – Ad hoc judges must sit with a sitting judge, not in exclusive benches. – Memorandum of Procedure (MoP) must be followed for transparent appointments. |
Significance of Article 224A | – Helps clear case backlogs and reduce vacancies. – Provides flexibility while ensuring judicial integrity. – Brings expertise of retired judges to handle complex cases. |
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