Report No. 79

IV. Ad Hoc Judges under Article 224A

3.12. Judges appointed under Article 224A of the Constitution.-

It has been stated above1 that the number of additional judges in each High Court should be such as takes into account the prospects of their absorption as permanent judges. Apart from such additional judges, more judges would also be needed to cope with the arrears. The only suitable alternative that we can think of for this purpose is the appointment of ad hoc judges.

For this purpose, we may have to avail of the provisions of Article 224A of the Constitution, according to which the Chief Justice of a High Court for any State may, at any time, with the previous consent of the President, request any person who has held the office of a judge of that court or of any other High Court to sit and act as a Judge of the High Court for that State and every such person so requested shall, while so sitting and acting, be entitled to such allowance as the President may, by order determine and have all the jurisdictions, powers and privileges but shall not otherwise be deemed to be a judge of that High Court.

1. Paras. 3.8 and 3.9, supra.

3.13. Field of choice and duration.-

We would like to stress that in taking recourse1 to Article 224A, only those retired judges may be appointed under that article as are known for, efficiency and quickness in disposal. it is also, in our view, necessary to ensure that only those persons may be appointed under that article who retired within a period of three years of their appointment. This would prevent persons who have got out of touch with the court work being appointed.

The choice in making an appointment under Article 224A to a particular High Court should not be confined to the persons who have retired as judges from that very court. For this purpose, the Chief Justice can look also to persons who have retired as judges from other High Courts. Such a course is permissible under Article 224A. Initially, the appointment should normally be for a period of one year, to be extended by further periods of one year each, upto total three years. In making the recommendation for extension, the performance of the retired judge appointed under Article 224A during the preceding year can be taken into account.

1. Para. 3.12, supra.