Supreme Court Modifies Conditions For Ad Hoc Judge Appointments In High Courts To Address Case Backl

Supreme Court Eases Rules for Appointing Ad Hoc Judges in High Courts

 

In a significant move to tackle the rising backlog of cases, the Supreme Court of India has relaxed the stringent conditions for appointing ad hoc judges in High Courts. The decision, delivered on January 30 by a bench led by Chief Justice Sanjiv Khanna and Justices B.R. Gavai and Surya Kant, aims to ensure faster justice, particularly in long-pending criminal appeals.

 

Why the Change?

 

Previously, under the Lok Prahari ruling (April 2021), ad hoc judges could only be appointed under Article 224A of the Constitution if judicial vacancies exceeded 20% of the sanctioned strength. This condition, however, created hurdles for High Courts struggling with case backlogs despite having fewer vacancies. Recognizing the need for a more practical approach, the Supreme Court has now removed this restriction.

 

What’s New?

 

The revised guidelines provide High Courts with greater flexibility:

 

No more 20% vacancy rule: High Courts can appoint ad hoc judges regardless of vacancy percentages.

 

Limited but effective appointments: Each High Court can appoint between two to five ad hoc judges, ensuring the number does not exceed 10% of the total sanctioned strength.

 

Focus on criminal cases: These judges will primarily work in two-judge benches to expedite criminal appeals, which form a major portion of the backlog.

 

 

This decision empowers High Courts to bring in experienced retired judges without bureaucratic delays, ensuring that justice is not stalled due to administrative roadblocks. By prioritizing efficiency over rigid thresholds, the Supreme Court has taken a pragmatic step toward addressing India's judicial backlog crisis.