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Polity & Governance
Mahesh

10/12/22 07:35 AM IST

Process to appoint ad hoc judges must be less cumbersome: Supreme Court

In News
  • The Supreme Court suggested a less cumbersome and even “out-of-the-box” thinking, including roping in senior lawyers to act as ad hoc judges in High Courts, to meet the rising tide of pendency.
Ad hoc Judges in High Courts
  • Article 224A of Indian Constitution deals with the appointment of ad hoc judges in High Courts.
  • The Chief Justice of India may at any time, with the prior approval of the President of India, request a person who has been in the office of Judge of that court or any other High Court to act as Judge of the High Court of that State.
  • The Chief Minister will forward his recommendation to the Union Minister of Law and Justice after consultation with the Governor.
SC's Suggestions
  • Roping in senior lawyers to act as ad hoc judges in High Courts to meet the rising tide of pendency.
  • Once the Chief Justice recommends it should happen in a matter of days.
  • The retired judges who were willing to come back to the Bench as ad hoc judges would bring their experience in dealing with arrears.
Additional Judge
  • The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when:
  • there is a temporary increase in the business of the high court; or
  • there are arrears of work in the high court.
Acting Judge
  • The President can also appoint a duly qualified person as an acting judge of a high court when a judge of that high court (other than the chief justice) is:
  • unable to perform the duties of his office due to absence or any other reason; or
  • appointed to act temporarily as chief justice of that high court.
  • An acting judge holds office until the permanent judge resumes his office.
  • However, both the additional or acting judge cannot hold office after attaining the age of 62 years.
Source- The hindu

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