Ad-Hoc Judges in India: A Comprehensive Analysis

Table of Contents

1.     Ad-Hoc Judges – Meaning

2.     Ad-Hoc Judges – Roles and Duties

3.     Appointment of Ad-Hoc Judges

4.     Ad-Hoc Judges Articles – Provisions in the Constitution

5.     Landmark Supreme Court Judgments

6.     Relevant Statutory Laws

7.     List of Relevant Articles and Case Laws

8.     Key Points

9.     MCQs for UPSC Exam Preparation

1. Ad-Hoc Judges – Meaning

Ad-Hoc Judges are appointed temporarily to address the shortage of judges and the backlog of cases in the Indian judiciary. According to Article 127 of the Indian Constitution, the Chief Justice of India (CJI) may appoint a high court judge as an ad-hoc Supreme Court judge for a specific period when a quorum of permanent judges is required to convene and continue a Supreme Court session. This appointment requires consultation with the chief justice of the relevant high court and the prior approval of the president.

2. Ad-Hoc Judges – Roles and Duties

Ad-Hoc Judges are primarily responsible for attending Supreme Court hearings and performing the duties of a Supreme Court judge. Their roles include:

• Hearing and deciding cases assigned to them, particularly those pending for five years or more.
• Participating in division benches without the necessity of a divisional court being created with permanent judges.
• Exercising all jurisdiction, powers, and privileges of a Supreme Court judge during their tenure.
• Focusing solely on judicial functions without engaging in other legal tasks.

3. Appointment of Ad-Hoc Judges

The Chief Justice of India, with the prior approval of the President and consultation with the Chief Justice of the concerned High Court, can request in writing the attendance of a High Court Judge at Supreme Court proceedings if there is a shortage of Supreme Court judges. The ad-hoc judge will attend sessions and perform all duties, powers, and privileges of a Supreme Court judge for the required duration.

4. Ad-Hoc Judges Articles – Provisions in the Constitution

Article 127:

• Provision: Appointment of ad-hoc judges in the Supreme Court.
• Conditions: A high court judge may be appointed as an ad-hoc judge when a quorum of Supreme Court judges is needed.
• Process: Requires consultation with the chief justice of the relevant high court and prior approval of the president.

Article 224A:

• Provision: Appointment of ad-hoc judges in the High Courts.
• Conditions: The Chief Justice of a High Court, with the previous consent of the president, can request a retired judge to sit and act as a judge of the High Court.

5. Landmark Supreme Court Judgments

Union of India v. Sankalchand Himmatlal Sheth (1977):

• Key Takeaway: The Supreme Court clarified that ad-hoc appointments must follow the due process as outlined in the Constitution.

Supreme Court Advocates-on-Record Association v. Union of India (1993):

• Key Takeaway: Emphasized the primacy of the CJI in judicial appointments, impacting the process of appointing ad-hoc judges.

6. Relevant Statutory Laws

The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958:

• Provisions: Details the salaries, allowances, and conditions of service for Supreme Court judges, applicable to ad-hoc judges as well.

The High Court Judges (Salaries and Conditions of Service) Act, 1954:

• Provisions: Governs the salaries, allowances, and conditions of service for High Court judges, relevant when appointing ad-hoc judges in high courts under Article 224A.

7. List of Relevant Articles and Case Laws

Articles:

• Article 127: Appointment of ad-hoc Supreme Court judges.
• Article 224A: Appointment of ad-hoc High Court judges.

Case Laws:

• Union of India v. Sankalchand Himmatlal Sheth (1977): Clarification on ad-hoc appointments.
• Supreme Court Advocates-on-Record Association v. Union of India (1993): Primacy of the CJI in appointments.

8. Key Points

• Ad-hoc judges address the shortage of judges and backlog of cases.
• Article 127 and Article 224A govern their appointments in the Supreme Court and High Courts, respectively.
• Appointments require consultation with relevant authorities and presidential approval.
• Ad-hoc judges perform all duties, powers, and privileges of a regular judge.
• Key judgments have clarified the process and primacy of the CJI in such appointments.

9. MCQs for UPSC Exam Preparation

1. Under which Article of the Indian Constitution can the Chief Justice of India appoint ad-hoc judges to the Supreme Court?

a) Article 124
b) Article 127
c) Article 217
d) Article 224A

Answer: b) Article 127
Explanation: Article 127 provides for the appointment of ad-hoc judges in the Supreme Court when a quorum of permanent judges is required.

2. What is the primary role of an ad-hoc judge appointed to the Supreme Court?

a) To handle administrative duties
b) To participate in legislative processes
c) To attend Supreme Court hearings and perform judicial duties
d) To oversee lower courts

Answer: c) To attend Supreme Court hearings and perform judicial duties
Explanation: Ad-hoc judges are primarily responsible for attending Supreme Court hearings and performing judicial functions.

3. Which article of the Indian Constitution allows the appointment of retired High Court judges as ad-hoc judges in High Courts?

a) Article 124
b) Article 127
c) Article 224A
d) Article 217

Answer: c) Article 224A
Explanation: Article 224A provides for the appointment of retired High Court judges as ad-hoc judges in High Courts.

4. What is the tenure of an ad-hoc judge appointed to address pending cases in the Supreme Court?

a) 1 year
b) 2 years
c) 3 years
d) For the duration required to address specific cases

Answer: d) For the duration required to address specific cases
Explanation: Ad-hoc judges are appointed for a specific period necessary to address pending cases.

5. Which landmark case emphasized the primacy of the Chief Justice of India in judicial appointments?

a) Union of India v. Sankalchand Himmatlal Sheth
b) Supreme Court Advocates-on-Record Association v. Union of India
c) Kesavananda Bharati v. State of Kerala
d) Minerva Mills Ltd. v. Union of India

Answer: b) Supreme Court Advocates-on-Record Association v. Union of India
Explanation: This case emphasized the primacy of the CJI in judicial appointments, impacting ad-hoc appointments as well.

6. What is the main reason for appointing ad-hoc judges in India?

a) To replace retiring judges
b) To handle administrative tasks
c) To address the shortage of judges and backlog of cases
d) To oversee elections

Answer: c) To address the shortage of judges and backlog of cases
Explanation: Ad-hoc judges are appointed to manage the shortage of judges and the backlog of pending cases.

7. Who must approve the appointment of an ad-hoc judge in the Supreme Court?

a) The Prime Minister
b) The President
c) The Speaker of the Lok Sabha
d) The Chief Justice of India

Answer: b) The President
Explanation: The appointment requires the prior approval of the President after consultation with the relevant authorities.

8. Which act governs the salaries and conditions of service for Supreme Court judges, applicable to ad-hoc judges?

a) The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
b) The High Court Judges (Salaries and Conditions of Service) Act, 1954
c) The Judges Protection Act, 1985
d) The Judicial Standards and Accountability Act, 2012

Answer: a) The Supreme Court Judges (Salaries and Conditions of Service) Act, 1958
Explanation: This act governs the salaries and conditions of service for Supreme Court judges, including ad-hoc judges.

9. According to Article 127, who does the Chief Justice of India need to consult before appointing an ad-hoc judge?

a) The Prime Minister
b) The President
c) The Chief Justice of the relevant High Court
d) The Attorney General

Answer: c) The Chief Justice of the relevant High Court
Explanation: The CJI must consult the Chief Justice of the relevant High Court before appointing an ad-hoc judge.

10. What type of cases are typically assigned to ad-hoc judges?

a) Recently filed cases
b) Cases pending for more than five years
c) Administrative disputes
d) Election petitions

Answer: b) Cases pending for more than five years
Explanation: Ad-hoc judges are typically assigned cases that have been pending for more than five years to help clear the backlog.