Supreme Court clarifies that ad hoc judges can sit as single judges or in division benches under Article 224A.
Case in NewsAd Hoc Judges Bench Powers Clarified Supreme Court clarifying bench composition under Article 224A of Constitution . |
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Case Overview
Case Name: In Re: Appointment of Ad hoc Judges under Article 224A (Clarificatory Order, 2025)
The Supreme Court of India comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi, issued a clarification on the functioning of Ad hoc Judges appointed in High Courts under Article 224A of the Constitution . The clarification modifies earlier directions issued in April 2021 addressing operational and administrative difficulties in constituting benches and tackling the mounting pendency of cases in High Courts .
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Key Aspects
The issue before the Court stemmed from practical challenges in implementing earlier restrictions on ad hoc judges’ bench composition . Concerns were raised regarding judicial hierarchy, seniority and effective utilization of retired judges to reduce backlog .
- Earlier directions mandated ad hoc judges to sit only in division benches comprising ad hoc judges .
- Sitting judges and ad hoc judges expressed concerns over presiding & junior positions .
- The condition was temporarily kept in abeyance in January 2025 .
- High pendency in courts like Allahabad necessitated allowing ad hoc judges to sit singly .
Legal Insights
The Court examined constitutional provisions and earlier judicial directions to strike a balance between independence of the judiciary and administrative flexibility in High Courts .
- Article 224A of the Constitution : Empowers appointment of retired High Court judges as ad hoc judges .
- April 20, 2021 Judgment : Restricted ad hoc judges to division benches consisting only of ad hoc judges .
- January 30, 2025 Order : Relaxed vacancy threshold and kept bench restriction in abeyance .
- Present Clarification (2025) : Vests complete discretion with the High Court Chief Justice regarding bench constitution and presiding authority .
Court’s Verdict
The Supreme Court held that Ad hoc Judges may sit as single judges or in division benches with sitting judges . It ruled that the Chief Justice of the High Court has exclusive discretion to decide bench composition and presiding arrangements . The April 2021 judgment stands suitably modified reinforcing judicial efficiency and administrative autonomy .
Source – Supreme Court of India
Read also – Constitution
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