AD HOC JUDGES - POLITY
News: Process
to appoint ad hoc judges must be less cumbersome: Supreme Court
What's in the 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.
Key takeaways:
● A
Bench led by Justice Sanjay Kishan Kaul said senior advocates in High Courts
may not be willing to give up their lucrative legal practices permanently, but
may be interested in joining the Bench as ad hoc judges under Article 224A of
the Constitution for a limited period of
may be two years.
Ad hoc Judges of High Court:
Article 224:
● The
President can appoint duly qualified
persons as additional judges of a high court for a temporary period not exceeding two years when:
a. there
is a temporary increase in the business of the high court.
b. there
are arrears of work in the high court.
● 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:
a. unable
to perform the duties of his office due to absence or any other reason.
b. 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.
Retired Judges:
Article 224A:
● At
any time, the Chief Justice of a High Court of a state can request a retired
judge of that high court or any other high court to act as a judge of the high
court of that state for a temporary period.
● He
can do so only with the previous consent
of the President and also of the person to be so appointed.
● Such
a judge is entitled to such allowances
as the President may determine.
● He
will also enjoy all the jurisdiction, powers and privileges of a judge of that
high court. But, he will not otherwise be deemed to be an judge of that high
court.
Ad hoc Judges of Supreme Court:
Article 127:
● When
there is a lack of quorum of the permanent
judges to hold or continue any session of the Supreme Court, the Chief Justice of India can appoint a judge
of a High Court as an ad hoc judge of the Supreme Court for a temporary period.
● He
can do so only after consultation with the Chief Justice of the High Court
concerned and with the previous consent
of the President.
● The
judge so appointed should be qualified for appointment as a judge of the
Supreme Court.
● It
is the duty of the judge so appointed to attend the sittings of the Supreme
Court, in priority to other duties of his office.
● While
so attending, he enjoys all the jurisdiction, powers and privileges (and
discharges the duties) of a judge of the Supreme Court.
Retired Judges:
Article 128:
● At
any time, the Chief Justice of India can request a retired judge of the Supreme
Court or a retired judge of a high court (who is duly qualified for appointment
as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.
● He
can do so only with the previous consent
of the President and also of the person to be so appointed.
● Such
a judge is entitled to such allowances as the president may determine. He will
also enjoy all the jurisdiction, powers and privileges of a judge of Supreme
Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.