SC sets rules for ad-hoc HC judge appointment

Citing backlog of 57 lakh cases pending in High Courts, worsened by almost 40 per cent vacancies, the Supreme Court on Tuesday laid down the guidelines for appointment of retired High Court judges as ad hoc judges, with a tenure of two to three years, by activating a dormant provision of Article 224A in the Constitution.

In a 37-page crucial judgement to help the High Courts clear the backlog of cases, which are over five years old, a Bench headed by Chief Justice of India Sharad Arvind Bobde, and comprising Justices Sanjay Kishan Kaul and Suryakant, empowered the High Court Chief Justices to pick up ad hoc judges.

It also said that the number of ad hoc judges should be in the range of two to five in a High Court.

The emoluments and allowances of an ad hoc judge shall be at par with a permanent judge, minus his pension. As regards to who will preside over a division Bench -- the ad hoc judge or the sitting judge -- the Court said the Bench should be of only the ad hoc judges to remove this conflict.

This will be one of the key judgements for which CJI Bobde will be remembered in his last days in the post as he has only two more days before retiring on Friday.

It gives a discretion to the Chief Justices of the High Courts to recommend appointment of the retired judges of the same High Court or any other High Court, laying down the trigger points for exercising that power.

Noting that the tenure for which an ad hoc judge is appointed may vary on the basis of need, the judgment says it should be between two to three years to give an element of certainty and looking for the purpose for which he/she is appointed.