Recently, in a rare instance, the Supreme Court collegium has recommended the appointment of a retired district judge as a judge of the Madhya Pradesh HC, citing legitimate expectation and delay in the selection process.
About Ad hoc judges:
- Constitutional Provisions: The appointment of ad-hoc judges has been provided in the Constitution under Article 224A (appointment of retired Judges at sittings of High Courts).
- Under this Article, the Chief Justice of a High Court for any State can request a person to act as a judge of the High Court.
- For this, the prior consent of the president is required.
- The person should have held the office of judge of that court or of any other High Court.
- Such a judge is entitled to allowances as determined by the President.
- He will also enjoy all the jurisdiction, powers and privileges of a judge of that high court.
The Chief Justice of a High Court may start the procedure of recommending a name if:
- The number of vacancies is more than 20 % of the sanctioned strength.
- Cases in a particular class are pending for over five years.
- More than 10 % of pending cases are over five years old.
- Percentage of the rate of disposal is beneath the institution of the cases either in a particular subject matter or in the court.
Q1: What is a constitution?
A constitution is a set of fundamental principles or established precedents that govern a state, organization, or society. It is a written or unwritten document that outlines the rights and duties of citizens etc.