A Special Bench of the Supreme Court on January 30, 2025 relaxed a condition that ad hoc judges can be appointed to State High Courts only if their judicial vacancies crossed 20% of the sanctioned strength.
Key Highlights
- The condition was imposed four years ago by the Supreme Court in an April 2021 judgment in the Lok Prahari versus Union of India case.
- The Bench said an ad hoc judge could accompany a sitting High Court judge on a Division Bench to hear criminal appeals.
- The number of ad hoc judges must not exceed 10% of the sanctioned judicial strength of a High Court. That would be mean at least two to five ad hoc judges could be appointed to a High Court.
- Other conditions enumerated in the 2021 judgment for appointing ad hoc judges to the High Courts include if cases in a particular category were pending for over five years, if 10% of the pendency had crossed five years, and if percentage of the rate of disposal was lower than the institution of fresh cases.
- Article 224A of the Constitution provides for the appointment of retired High Court judges as ad hoc judges.
(Source: The Hindu)
