As arrears of cases mount, SC relaxes norms for appointment of ad hoc judges in HCs

Citing huge pendency of cases in high courts across India, the Supreme Court on Thursday relaxed the conditions for appointment of ad hoc judges in high courts.

"Each HC may appoint ad hoc judges by taking recourse to Article 224A of the Constitution of India. The appointment of judges shall not exceed 10 per cent of the sanctioned strength. The ad hoc judges will sit in a bench presided over by a sitting judge of the High Court and decide pending criminal appeals," a Special Bench of Chief Justice of India Sanjiv Khanna said.

Relaxing the conditions for appointment of ad hoc judges in high courts, the Bench -- which also included Justice BR Gavai and Justice Surya Kant -- decided to keep in abeyance the condition in its April 2021 judgment that ad hoc judges as per Article 224 of the Constitution can be appointed only if the vacancies are more than 20% of the sanctioned strength.

Article 224A provides for appointment of retired high court judges as ad hoc judges.

Acting on a PIL filed by NGO Lok Prahari seeking invocation of Article 224A for appointment of ad hoc judges to tackle the problem of mounting case arrears in high courts, the top court had in April 2021 issued certain guidelines regarding the appointment of ad hoc judges in high courts.

There were more than six million cases pending in 25 high courts which had 371 vacancies against the combined sanctioned strength of 1,122 judges as on January 1, 2025.