SC eases criteria for appointing Ad Hoc judges in High Courts to address case backlog

New Delhi [India], January 30 (ANI): Amid the growing backlog of cases, the Supreme Court on Thursday relaxed the conditions for High Courts to recommend the appointment of retired judges on an ad hoc basis. 

A bench comprising of Chief Justice of India (CJI) Sanjiv Khana, along with Justice BR Gavai and Justice Surya Kant stated that each High Court may appoint two to five judges, with the total number of appointees not exceeding 10 per cent of the court’s total strength. 

The ad hoc judges will sit on a bench presided over by a sitting judge of the High Court and decide pending criminal appeals, the CJI-led three-judge Bench clarified.

“We further observe that each High Court may appoint ad hoc judges by taking recourse to Article 224A (of the Constitution of India) for the appointment of judges between two to five in number but not exceeding 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”, the Court noted in its order.

The Court was hearing a plea filed by a non-governmental organisation (NGO), Lok Prahari, which had sought a resolution to the problem of pendency of cases in various High Courts.

Following the submissions in the matter, the Court observed that there is a rapid increase in the number of pending cases in almost all the High Courts of the country, and it passed the aforesaid directions.

“The recent data, as per the National Judicial Data Grid (NJDG), indicates that there has been an increase in pendency levels in almost all High Courts. More than 62 lakhs cases are pending before the High Courts in India as of 25-01-2025, of which more than 18,20,000 are criminal cases and more than 44,000 are civil cases”, the Court observed.

The Court had in April 2021 directed that vacancies for appointments of ad hoc judges should not be made if more than 80 per cent of the total strength of judges in High Courts is already either recommended or working. 

However, following today’s hearing, the Court relaxed the aforesaid restriction and proceeded to direct that High Courts may appoint ad hoc judges regardless of the number of vacancies available. Such appointments shall not exceed a maximum limit of 10 per cent of the total strength of the High Court, it clarified. (ANI)