About Article 224A

Article 224A permits the Chief Justice of a High Court to request retired judges to serve temporarily, with the consent of both the retired judge and the President of India. Appointed judges receive allowances set by the President but are not considered regular judges.

Appointment Procedure

The process for appointing ad hoc judges is outlined in the 1998 Memorandum of Procedure (MOP). After a retired judge consents, the Chief Justice must recommend the appointment to the state's Chief Minister, who then forwards it to the Union Law Minister. The Law Minister consults the Chief Justice of India before submitting the recommendation to the Prime Minister, who advises the President for approval.

Supreme Court Ruling on Recommendations

In a 2021 ruling, the Supreme Court clarified that recommendations for ad hoc judge appointments must be routed through the Supreme Court’s collegium, which includes the Chief Justice and two senior judges, to ensure proper oversight and adherence to judicial procedures.

Criteria for Ad Hoc Appointments

The Supreme Court has set specific conditions for initiating ad hoc judge appointments. These include cases where at least 20% of vacancies remain unfilled and where more than 10% of cases have been pending for over five years. The court also established a "Trigger Point," requiring that High Courts have over 20% vacancies before ad hoc appointments can be considered.

Historical Context of Ad Hoc Judges

Ad hoc judges have been appointed only on rare occasions. Since the provision's inception, only three instances of ad hoc appointments have occurred: Justice Suraj Bhan in 1972, Justice P. Venugopal in 1982, and Justice O.P. Srivastava in 2007, highlighting the underuse of Article 224A.

Recommendations for Future Appointments

The Supreme Court has recommended that Chief Justices prepare a list of retired judges for potential ad hoc appointments. These judges should generally serve for 2-3 years, with each High Court appointing two to five ad hoc judges. Regular reviews of these appointments are advised to ensure their effectiveness.

Addressing Judicial Vacancies

This proposal comes in response to the ongoing vacancy crisis, with nearly 40% of High Court positions unfilled. Previous Law Commission reports have suggested using retired judges to address this issue. The current recommendations aim to provide immediate judicial relief while maintaining the importance of regular appointments.