1. Ad Hoc Judges in the Supreme Court (Article 127)
The provision for Ad Hoc judges in the Supreme Court is invoked specifically to manage the “Quorum” of the court.
- When Appointed: If at any time there is a lack of quorum (minimum number of judges required) to hold or continue a session of the Supreme Court.
- Who Appoints: The Chief Justice of India (CJI).
- Mandatory Requirements:
- Previous Consent of the President is required.
- Consultation with the Chief Justice of the concerned High Court.
- Qualification: The person requested must be a sitting judge of a High Court who is duly qualified to be appointed as a judge of the Supreme Court.
- Priority of Duty: It is the duty of the judge so designated to prioritize Supreme Court sittings over their regular High Court duties.
- Powers & Privileges: While attending, they enjoy all the jurisdiction, powers, and privileges of a Supreme Court judge.
2. Retired Judges at sittings of High Courts (Article 224A)
Though technically similar to “Ad Hoc,” the Constitution uses the term “retired judges” for temporary appointments in High Courts. This provision was inserted by the 15th Constitutional Amendment Act, 1963.
- When Appointed: To address the backlog of cases (judicial pendency) or an extraordinary increase in work.
- Who Appoints: The Chief Justice of the High Court.
- Mandatory Requirements:
- Previous Consent of the President.
- Consent of the Retired Judge (They cannot be compelled to serve).
- Qualification: A person who has held the office of a judge of that High Court or any other High Court.
- Recent Update (2021 & 2025): The Supreme Court in the Lok Prahari v. Union of India case and subsequent orders laid down “trigger points” for these appointments:
- If vacancies in a High Court exceed 20% of sanctioned strength.
- If cases in a specific category (e.g., criminal appeals) are pending for more than 5 years.
- Status: They enjoy the same jurisdiction and powers as a sitting judge but are not deemed to be a regular judge of that court for other constitutional purposes.
3. Comparison: Supreme Court vs. High Court
| Feature | Supreme Court (Article 127) | High Court (Article 224A) |
| Appointing Authority | Chief Justice of India | Chief Justice of the High Court |
| Consent Required | President & High Court CJ | President & the Retired Judge |
| Type of Judge | Sitting High Court Judge | Retired High Court Judge |
| Primary Reason | Lack of Quorum | Backlog of cases (Pendency) |
| Tenure | Temporary (specific session) | Fixed term (usually 2-3 years) |
4. Key Points for Prelims
- Not a “Regular Judge”: An Ad Hoc judge (HC) is entitled to allowances determined by the President but is not considered a “regular” judge of that court.
- Independence: To ensure independence, the SC ruled that these appointments should not be a substitute for filling regular vacancies. Regular appointments must be initiated first.
- Selection Process: For High Courts, the recommendation must still go through the Supreme Court Collegium (CJI + 2 senior-most judges) for clearance.
Q. With reference to the appointment of Ad Hoc judges in the Indian Judiciary, consider the following statements:
1. The Chief Justice of India can appoint a retired judge of the Supreme Court as an ad hoc judge.
2. For the appointment of an ad hoc judge in the Supreme Court, the previous consent of the President of India is mandatory.
3. Ad hoc judges in High Courts are appointed under Article 224A of the Indian Constitution.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (b)
Explanation:
Statement 1 Incorrect: Under Article 127, the Chief Justice of India (CJI) may appoint a sitting judge of a High Court as an ad hoc judge of the Supreme Court. A retired Supreme Court judge is not appointed as an ad hoc judge under this Article.
Statement 2 Correct: For any Ad Hoc appointment in the Supreme Court, the Chief Justice of India (CJI) must obtain the previous consent of the President.
Statement 3 Correct: Article 224A specifically allows the Chief Justice of a High Court to request a retired judge of that or any other High Court to act as a judge for that court.
