Constitutional Provisions Related to Ad hoc Judges

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Constitutional Provisions Related to Ad hoc Judges Blog Image

Overview:

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.

Source: Retired district judge among 12 picked by SC collegium for post of HC judge