NEW DELHI: Nearly a year after the Supreme Court cleared the decks for appointing ad hoc judges in high courts to tackle pending criminal cases, the Union law ministry is yet to get any recommendation from any of the HC collegiums to appoint retired judges on an ad hoc basis.
According to sources, none of the 25 HCs have recommended names for appointment as ad hoc judges.
On January 30, 2025, the SC allowed the HCs to appoint ad hoc judges, not exceeding 10% of the court’s total sanctioned strength, keeping in view the pendency of over 18 lakh criminal cases. However, the law ministry is yet to get recommendations from HC collegiums. Article 224A of the
Constitution of India allows the appointment of retired judges as ad hoc judges in state high courts to help manage case backlog.
According to the laid-down procedure, the respective high court collegiums send recommendations or names of candidates to be appointed as HC judges to the Department of Justice in the law ministry. The department then adds inputs and details on the candidates before forwarding them to the Supreme Court Collegium. The SC Collegium then takes a final call and recommends to the government the appointment of the selected persons as judges.
The President signs the ‘warrant of appointment’ of the newly-appointed judge.
It is to be noted that the procedure to appoint ad hoc judges will be the same except that the President will not sign the warrant of appointment. But the assent of the president will be sought for appointing ad hoc judges. “The ad hoc judges will sit in a bench presided over by a sitting judge of the high court and decide pending criminal appeals,” said the Supreme Court’s order.
10% of HC judgeships can go to past justices
On January 30, 2025, the SC allowed the HCs to appoint ad hoc judges, not exceeding 10% of the court’s total sanctioned strength, keeping in view the pendency of over 18 lakh criminal cases. Article 224A of the Constitution of India allows the appointment of retired judges as ad hoc judges in state HCs to help manage case backlog.