Why did the Supreme Court clear the decks for appointment of ad-hoc judges to High Courts? | Explained
1 month, 3 weeks ago

Why did the Supreme Court clear the decks for appointment of ad-hoc judges to High Courts? | Explained

The Hindu  

The story so far: To address the growing backlog of criminal cases, the Supreme Court on January 30, 2025, allowed High Courts to appoint retired judges on an ad-hoc basis, provided they hear only criminal appeals as part of a Bench led by a sitting judge. In Lok Prahari, the Court identified specific circumstances that could warrant the appointment of ad-hoc judges in certain High Courts. To tackle this growing pendency, the Court decided to set aside the condition laid down in Lok Prahari, which permitted the appointment of ad-hoc judges only when judicial vacancies exceeded 20% of the sanctioned strength. Additionally, the number of ad-hoc judges cannot exceed 10% of a High Court’s sanctioned judicial strength, meaning each High Court can have only 2 to 5 such appointments.

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History of this topic

DMK MP Wilson’s Bill revives debate on reservation in appointments in higher judiciary
1 month, 2 weeks ago

DMK MP Wilson’s Bill revives debate on reservation in appointments in higher judiciary

The Hindu  

The debate on the need for introducing reservation in the appointment of judges of the Supreme Court and High Courts has been revived by the recent introduction of The Constitutional Bill 2024 by Dravida Munnetra Kazhagam Rajya Sabha MP P. Wilson. The Bill seeks to amend the Constitution to provide due representation for members of the Scheduled Castes, Scheduled Tribes, …

Is appointing ad-hoc judges a viable means to reduce backlog?
1 month, 2 weeks ago

Is appointing ad-hoc judges a viable means to reduce backlog?

The Hindu  

The Supreme Court on January 30, 2025, permitted High Courts to appoint retired judges on an ad-hoc basis to address the mounting backlog of cases. Shadan Farasat: The Constitution allows for appointing ad-hoc judges in both the Supreme Court and High Courts for a reason. However, the government’s handling of regular judicial appointments remains a concern, with several deserving judges …

Why has the Supreme Court cleared the decks for appointing retired High Court judges on an ad-hoc basis? | Explained
1 month, 3 weeks ago

Why has the Supreme Court cleared the decks for appointing retired High Court judges on an ad-hoc basis? | Explained

The Hindu  

The story so far: To address the growing backlog of criminal cases, the Supreme Court on January 30, 2025, allowed High Courts to appoint retired judges on an ad-hoc basis, provided they hear only criminal appeals as part of a Bench led by a sitting judge. In Lok Prahari, the Court identified specific circumstances that could warrant the appointment of …

Supreme Court relaxes rules for High Courts to appoint ad-hoc judges
1 month, 4 weeks ago

Supreme Court relaxes rules for High Courts to appoint ad-hoc judges

Hindustan Times  

In a significant move to tackle pendency of criminal cases, the Supreme Court on Thursday allowed the high courts across the country to appoint retired HC judges on an ad-hoc basis, subject to conditions that they will only hear criminal appeals in a bench headed by a sitting judge. The 80% condition, however, prevented from appointing ad-hoc judges in several …

With an eye on backlog, Supreme Court relaxes condition for appointment of ad hoc judges to HCs
Trending News
2 months ago

With an eye on backlog, Supreme Court relaxes condition for appointment of ad hoc judges to HCs

The Hindu  

A Special Bench of the Supreme Court headed by Chief Justice of India Sanjiv Khanna on Thursday relaxed a condition that ad hoc judges can be appointed to State High Courts only if their judicial vacancies crossed 20% of the sanctioned strength. Article 224A of the Constitution provides for the appointment of retired High Court judges as ad hoc judges. …

Explained| Ad Hoc Judges In High Courts : Procedure For Appointment & Tenure
2 months ago

Explained| Ad Hoc Judges In High Courts : Procedure For Appointment & Tenure

Live Law  

To tackle the mounting pendency of criminal appeals, the Supreme Court in a significant order today relaxed the conditions of appointment of ad hoc judges in High Courts. The Court suspended the condition imposed in its 2021 judgment as per which ad hoc appointments can be made only if the vacancies in the High Court are more than 20% of …

Supreme Court Relaxes Conditions To Appoint Ad Hoc Judges In High Courts, Says Vacancies Needn't Be More Than 20%
2 months ago

Supreme Court Relaxes Conditions To Appoint Ad Hoc Judges In High Courts, Says Vacancies Needn't Be More Than 20%

Live Law  

Relaxing the conditions to appoint ad hoc judges in High Courts, the Supreme Court on Thursday kept in abeyance the condition in its April 2021 judgment that ad hoc judges as per Article 224 of the Constitution can be appointed only if the vacancies are more than 20% of the sanctioned strength.As per Article 224A, retired High Court judges can …

Ad-hoc judges can be appointed to deal with criminal cases in HCs: Supreme Court
2 months, 1 week ago

Ad-hoc judges can be appointed to deal with criminal cases in HCs: Supreme Court

The Hindu  

The Supreme Court on Tuesday suggested the appointment of ad-hoc judges in high courts to deal with the huge pendency of criminal appeals. Gavai and Surya Kant referred to the data on pendency of criminal cases in several high courts and said in Allahabad High Court alone there were 63,000 criminal appeals pending. The bench said it could partly modify …

Supreme Court Proposes To Appoint Ad-Hoc Judges In High Courts With High Criminal Appeals Pendency
2 months, 1 week ago

Supreme Court Proposes To Appoint Ad-Hoc Judges In High Courts With High Criminal Appeals Pendency

Live Law  

The Supreme Court today proposed to modify its earlier decision which said that ad hoc judges can be appointed in High Courts only when vacancy is 20% or more of the total sanctioned strength of the High Court. The special bench of CJI Sanjiv Khanna and Justices BR Gavai and Suryakant was hearing the matter relating to the pending appointment …

219 proposals for High Court judge appointment under process: Union Government
8 months ago

219 proposals for High Court judge appointment under process: Union Government

The Hindu  

The Union government said 219 proposals for the appointment of High Court judges across the country are in various stages of processing. Chief Justices of the High Courts are required to initiate the proposal to fill up a vacancy of a High Court judge six months prior to the occurrence of vacancy. “Appointment of Judges in the High Courts is …

Ad-hocism in appointing judges of higher courts must stop
2 years, 2 months ago

Ad-hocism in appointing judges of higher courts must stop

The Hindu  

Published : Jan 26, 2023 10:35 IST Law Minister Kiren Rijiju fired another salvo recently by writing a letter to the Chief Justice of India “suggesting the inclusion of a government nominee in the decision-making process for shortlisting of judges” and asserting the “need for representation on a search-cum-evaluation committee for appointments of judges to the Supreme Court”. Law Minister …

Only 15 Pc Judges Appointed to HCs in Last 5 Yrs from Backward Communities: Dept of Justice to Par Panel
2 years, 2 months ago

Only 15 Pc Judges Appointed to HCs in Last 5 Yrs from Backward Communities: Dept of Justice to Par Panel

News 18  

A little over 15 per cent of the judges appointed to high courts in the last five years were from backward communities, the Department of Justice has told a parliamentary panel, while pointing out that even after three decades of the judiciary assuming primacy in judges’ appointment, it has not become inclusive and socially diverse. Underlining that the initiation of …

Process to appoint ad hoc judges must be less cumbersome: Supreme Court
2 years, 3 months ago

Process to appoint ad hoc judges must be less cumbersome: Supreme Court

The Hindu  

The Supreme Court on Thursday 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. 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, …

'Many Eminent Lawyers Are Not Willing To Join The Bench But Are Ready To Work As Ad-Hoc Judges': Supreme Court
2 years, 3 months ago

'Many Eminent Lawyers Are Not Willing To Join The Bench But Are Ready To Work As Ad-Hoc Judges': Supreme Court

Live Law  

The Supreme Court, on Thursday, asked Senior Advocate, Mr. Arvind P. Datar and the Attorney General for India, Mr. R. Venkataramani to brainstorm and come up with a less cumbersome process to appoint ad-hoc judges in the High Court. While hearing two applications filed in the PIL preferred by NGO Lok Prahari seeking invocation of Article 224A for appointment of …

Supreme Court Seeks Status Report From Union On Appointment Of Ad-Hoc Judges In High Courts
2 years, 6 months ago

Supreme Court Seeks Status Report From Union On Appointment Of Ad-Hoc Judges In High Courts

Live Law  

The Supreme Court has sought a status report from the Union Government regarding the appointment of ad-hoc judges in High Courts under Article 224A of the Constitution.Article 224A enables a Chief Justice of a High Court, with the previous consent of the President, to request a former High Court judge to "sit and act as a judge" of the High …

Why appointing Supreme Court, high court judges through closed-door collegiums is flawed | OPINION
3 years, 1 month ago

Why appointing Supreme Court, high court judges through closed-door collegiums is flawed | OPINION

India Today  

Independence of judiciary is an essential feature not only for the Constitution of India, but for every country governed by the rule of law. According to constitutional provision, the President appoints judges of the Supreme Court and high courts “after consultation” with the members of judiciary. In the First Judges case of 1981, the Supreme Court held that the ‘consultation’ …

Five High Courts Have 54% Share in Total Pending Cases of Over 57.51 Lakhs in 25 HCs: SC
3 years, 11 months ago

Five High Courts Have 54% Share in Total Pending Cases of Over 57.51 Lakhs in 25 HCs: SC

News 18  

Five High Courts –Allahabad, Punjab and Haryana, Madras, Bombay, and Rajasthan — have huge 54 per cent shares in over 57.51 lakh pending cases in 25 high courts of the country, the Supreme Court Tuesday said while paving way for appointment of ad-hoc judges to tackle docket explosion. The judgement, penned by the CJI, referred to the data of National …

'Article 224A Of Constitution A Salutary Provision' : Supreme Court Reserves Orders On Plea For Ad-Hoc Judges In High Court
3 years, 11 months ago

'Article 224A Of Constitution A Salutary Provision' : Supreme Court Reserves Orders On Plea For Ad-Hoc Judges In High Court

Live Law  

The Supreme Court on Thursday reserved orders on a plea seeking appointment of ad-hoc judges in High Courts using Article 224A of the Constitution of India.A bench headed by the Chief Justice of India SA Bobde said that the case will not be finally disposed off and interim orders in the nature of continuing mandamus will be passed.The bench, also …

Supreme Court Mulls Guidelines For Appointment Of Ad-Hoc Judges Under Article 224A; Seeks Views Of High Courts
3 years, 11 months ago

Supreme Court Mulls Guidelines For Appointment Of Ad-Hoc Judges Under Article 224A; Seeks Views Of High Courts

Live Law  

The Supreme Court on Thursday said that it was intending to lay down guidelines for the appointment of ad-hoc judges in the High Courts under Article 224A of the Constitution to tackle the problem of mounting case arrears.While considering a PIL filed by an NGO named Lok Prahari seeking the use of Article 224A, a bench comprising Chief Justice of …

Recommendees Of HC Collegium Approved By SC Collegium & Govt Shall Be Appointed Within Six Months: SC [Read Order]
5 years, 3 months ago

Recommendees Of HC Collegium Approved By SC Collegium & Govt Shall Be Appointed Within Six Months: SC [Read Order]

Live Law  

In cases where the recommendations of the High Court collegium meets with the approval of the Supreme Court collegium and the Government, the appointments must take place within at least six months, said the Supreme Court recently. 213 recommendations are stated to be in process with the Government/Supreme Court collegium while recommendations have yet to be received from the High …

Tribunals CB [Day-1, Session-1] There Is A Strong View Point That Post-Retirement Appointments Is A Scar On Independence Of Judiciary, Says CJI
6 years ago

Tribunals CB [Day-1, Session-1] There Is A Strong View Point That Post-Retirement Appointments Is A Scar On Independence Of Judiciary, Says CJI

Live Law  

"There is no dispute that most of these tribunals are virtually non-functioning either for the lack of infrastructure or manpower.there is a very practical solution and the idea is to have as few tribunals as possible. The Constitution bench headed by Chief Justice was hearing on petitions challenging the provisions in Finance Act 2017 relating to various Tribunals Earlier, Senior …

On Constitution Day, Law Minister reminds judiciary of 'separation of powers'
6 years, 4 months ago

On Constitution Day, Law Minister reminds judiciary of 'separation of powers'

The Quint  

New Delhi, Nov 26 Union Law and Justice Minister Ravi Shankar Prasad on Monday again raked up the perceived "judicial overreach," saying everyone should appreciate the 'Lakshman Rekha' that the Constitution has drawn. Speaking at the plenary session of the 69th Constitution Day celebrations here, Prasad said it was time to "reinstate" the noble intentions behind the toll of PIL. …

Definite Timelines Should Be Drawn For Each Stages Of Appointment Process Of Judges: SC [Read Judgment]
7 years, 1 month ago

Definite Timelines Should Be Drawn For Each Stages Of Appointment Process Of Judges: SC [Read Judgment]

Live Law  

In the interest of all the stakeholders, including the judiciary, that definite timelines are drawn for each stage of the process, so that process of appointment is accomplished within a time-bound manner, said the Bench.Supreme Court of India on Friday observed that definite timelines should be drawn for each stage of the process of appointment of Judges so that process …

Ad hoc judicial appointments affecting economy even as India's high courts lack 37% of required judges
7 years, 1 month ago

Ad hoc judicial appointments affecting economy even as India's high courts lack 37% of required judges

Firstpost  

High courts nationwide are 37 percent short of judges, and ad hoc appointments–not posting judges to courts that need them most–are worsening delays and affecting India’s economy, according to our analysis of data released by the department of justice. By Shobhit Mathur and Pallabi Mandal New Delhi: High courts nationwide are 37 percent short of judges, and ad hoc appointments–not …

No Proposal Received For Filling Vacancies In SC, Nine HCs With Acting CJs: MoS Law PP Chaudhary
7 years, 3 months ago

No Proposal Received For Filling Vacancies In SC, Nine HCs With Acting CJs: MoS Law PP Chaudhary

Live Law  

As the Winter Session of the Parliament continues, Minister of State for Law and Justice and Corporate Affairs PP Chaudhary on Wednesday submitted before the Lok Sabha that the Government of India has not received any proposal for filling up of the six vacancies of judges in the Supreme Court and for appointment of Chief Justices in the nine high …

'Shortage of judges' not the only reason for pendency, more appointments will not be a solution
8 years, 6 months ago

'Shortage of judges' not the only reason for pendency, more appointments will not be a solution

Firstpost  

Can the huge pendency be just because of lesser number of judges? The then Chief Justice of the Punjab and Haryana high court SK Kaul had asked all the district courts to expedite the disposal of long pending cases. The annual report of Punjab and Haryana high court 2014, states, “A special drive was run to reduce the pendency of …

Madras HC adjourns plea to appoint ad-hoc judges to reduce pendency [Read Petition]
8 years, 6 months ago

Madras HC adjourns plea to appoint ad-hoc judges to reduce pendency [Read Petition]

Live Law  

The Madras High Court has adjourned the hearing of a Public Interest Litigation filed by Chennai-based lawyer VBR Menon seeking the appointment of adequate number of ad-hoc high court judges under Article 224-A of the Constitution at the Principal and Madurai Benches of Madras High Court to reduce the huge backlog of pending cases.The Bench comprising of Justice Huluvadi G …

Madras HC adjourns plea to appoint ad-hoc judges to reduce pendency [Read Petition]
8 years, 6 months ago

Madras HC adjourns plea to appoint ad-hoc judges to reduce pendency [Read Petition]

Live Law  

The Madras High Court has adjourned the hearing of a Public Interest Litigation filed by Chennai-based lawyer VBR Menon seeking the appointment of adequate number of ad-hoc high court judges under Article 224-A of the Constitution at the Principal and Madurai Benches of Madras High Court to reduce the huge backlog of pending cases.The Bench comprising of Justice Huluvadi G …

PIL in SC seeking new mechanism for Appointment of Judges [Read Petition]
8 years, 7 months ago

PIL in SC seeking new mechanism for Appointment of Judges [Read Petition]

Live Law  

A Public Interest Litigation has been filed in the Supreme Court by National Lawyers’ Campaign for Judicial Transparency and Reforms seeking a new mechanism for the Appointment of Judges in High Court and Supreme Court.The Petition states that the collegium system of appointment of Judges to the higher judiciary, one which is nothing but rewriting of the Constitution, to keep. …

Fast track Court Judges appointed on Ad hoc basis have no right for regular promotion: SC [Read Judgment]
8 years, 9 months ago

Fast track Court Judges appointed on Ad hoc basis have no right for regular promotion: SC [Read Judgment]

Live Law  

The Supreme Court of India in V. Venkata Prasad & Ors. has held that that the appointments in respect of Fast Track Courts are ad hoc in nature and no right is to accrue to such recruits promoted/posted on ad hoc basis from the lower judiciary for the regular promotion on the basis of such appointment.The appellants while functioning as …

Retired judges to be reappointed to tackle pending cases: CJI Thakur
8 years, 11 months ago

Retired judges to be reappointed to tackle pending cases: CJI Thakur

India TV News  

New Delhi: In a significant step to tackle mounting cases, a conference of chief ministers and chief justices of high courts on Sunday adopted a resolution to invoke a constitutional provision to appoint retired judicial officers as ad hoc judges. Chief Justice of India TS Thakur announced that the conference adopted a resolution that Article 224 A will be invoked …

Three crore cases pending before judiciary, retd. officers to work as ad hoc judges
8 years, 11 months ago

Three crore cases pending before judiciary, retd. officers to work as ad hoc judges

India TV News  

Three crore cases pending before judiciary, retd. officers to work as ad hoc judges New Delhi: In a significant step to tackle mounting cases, a conference of chief ministers and chief justices of high courts today adopted a resolution to invoke a constitutional provision to appoint retired judicial officers New Delhi: In a significant step to tackle mounting cases, a …

Cabinet approves Amendment to remove anomalies in pensionary benefits of HC judges
9 years, 7 months ago

Cabinet approves Amendment to remove anomalies in pensionary benefits of HC judges

Live Law  

The Union Cabinet has approved the proposal to amend the High Court Judges Act removing anomalies in pensionary benefits of HC judges.According to the proposal, an HC Judge elevated from the bar will have his 10 years of practice as advocate added to his service tenure for calculation of pensionary benefits.Until now, a Judge’s pension was calculated on the number …

Cabinet approves Amendment to remove anomalies in pensionary benefits of HC judges
9 years, 7 months ago

Cabinet approves Amendment to remove anomalies in pensionary benefits of HC judges

Live Law  

The Union Cabinet has approved the proposal to amend the High Court Judges Act removing anomalies in pensionary benefits of HC judges.According to the proposal, an HC Judge elevated from the bar will have his 10 years of practice as advocate added to his service tenure for calculation of pensionary benefits.Until now, a Judge’s pension was calculated on the number …

Additional HC Judges get three months’ term extensions across the nation
9 years, 9 months ago

Additional HC Judges get three months’ term extensions across the nation

Live Law  

As a mitigating tool in the circumstances when the Supreme Court is yet to decide the vires of National Judicial Appointment Commission, the Modi government has given three months tenure extension to the incumbent Additional High Court judges. The judges, whose terms are nearing completionis giving incumbent additional high court judges a three-month extension to address the massive. The judges, …

National Judicial Appointments Commission: SC restricts all High Courts from hearing Petitions challenging validity of the Acts
10 years ago

National Judicial Appointments Commission: SC restricts all High Courts from hearing Petitions challenging validity of the Acts

Live Law  

A Supreme Court Bench comprising of Justice A.R. Lokur has restrained all High Courts from entertaining any petition challenging validity of the 121st Constitutional Amendment Act and the National Judicial Appointments Commission Act brought to replace the collegium system introduced in 1993.The Apex Court, on Tuesday, began heading on. Lokur has restrained all High Courts from entertaining any petition challenging …

National Judicial Appointments Commission: SC restricts all High Courts from hearing Petitions challenging validity of the Acts
10 years ago

National Judicial Appointments Commission: SC restricts all High Courts from hearing Petitions challenging validity of the Acts

Live Law  

A Supreme Court Bench comprising of Justice A.R. Lokur has restrained all High Courts from entertaining any petition challenging validity of the 121st Constitutional Amendment Act and the National Judicial Appointments Commission Act brought to replace the collegium system introduced in 1993.The Apex Court, on Tuesday, began heading on. Lokur has restrained all High Courts from entertaining any petition challenging …

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