On appointing ad-hoc High Court judges

• The Supreme Court of India (CJI) Sanjiv Khanna and Justices B.R. Gavai and Surya Kant relaxed a rule in Lok Prahari (2021) that limited ad-hoc appointments to High Courts where judicial vacancies exceeded 20% of the sanctioned strength.

• Ad-hoc judges are appointed under Article 224-A, introduced by the Constitution (Fifteenth Amendment) Act, 1963, and require the consent of both the retired judge and the President of India.

• As of January 25, there are 62 lakh pending cases across High Courts.

• The Court set aside the condition laid down in Lok Prahari, which allowed the appointment of ad-hoc judges only when judicial vacancies exceeded 20% of the sanctioned strength.

• The Court outlined several “trigger points” for such appointments, including vacancies exceeding 20% of its sanctioned strength, cases in a specific category pending for more than five years, more than 10% of the High Court’s cases pending for over five years, and a lower case disposal rate than the rate at which new cases are filed.

• The Court recommended that each Chief Justice form a panel of retired judges, along with soon-to-retire judges, for appointments.