Supreme Court Ruling on Ad Hoc Judges Under Article 224A
On January 31, 2025, the Supreme Court ruled that High Courts can appoint 2 to 5 ad hoc judges under Article 224A, but not more than 10% of the total sanctioned strength. It also put on hold its 2021 order that required vacancies to exceed 20% before appointing ad hoc judges.
The 2021 ruling allowed High Courts to form benches with only ad hoc judges. However, the Supreme Court has now clarified that ad hoc judges must sit with a regular High Court judge and will primarily handle pending criminal appeals.
Article 224A deals with the appointment of retired judges at sittings of High Courts. It states: "The Chief Justice of a High Court for any State may, with the previous consent of the President, request any person who has held the office of a Judge of that Court or any other High Court to sit and act as a Judge of the High Court for that State.
Every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may determine by order and shall have all the jurisdiction, powers, and privileges of a Judge of that High Court but shall not otherwise be deemed to be a Judge of that High Court."