New Delhi: The Supreme Court passed an order stating that the High Courts can recommend appointment of Retired Judges on ad-hoc basis.

While hearing a case of Lok Prahari v. Union of India, the apex court stated this would address pendency and clear the backlog of pending criminal appeals.

The SC further ordered these ad-hoc Judges would sit with regular Judges in Division Benches.

A Special Bench of CJI Justice Sanjiv Khanna and Justices BR Gavai and Surya Kant further stated each High Court can appoint two to five Judges. In any case, the number should not exceed 10 percent of the sanctioned strength.

"Each High Court shall appoint ad hoc judges by taking recourse to the Article 224A," the SC pointed out. 

The Article 224A empowers the President to make temporary appointments of judges in case the number of judges in a particular High Court is insufficient. 

The SC bench kept in abeyance the earlier observations which required that appointment of ad hoc judges should not be made unless 80 per cent of the sanctioned strength is already working or recommended. It directed that the strength of ad hoc judges, who will primarily act as puisne judges on criminal benches, should not exceed 10 per cent of the sanctioned strength. 

It said that the existing Memorandum of Procedure (MoP) will also apply to these appointments. It granted liberty to parties to file applications if further directions are needed.

Earlier, the apex court had said that the overwhelming pendency required the appointment of ad hoc judges, up to a maximum of five, in each of the 25 High Courts to clear the massive backlog. It had said that Chief Justices of the High Courts could initiate the process for the appointment of ad hoc judges only after they have already made recommendations for permanent judges for more than 20 per cent of the regular vacancies. 

The slew of directions were passed on a PIL of NGO Lok Prahari seeking the appointment of ad hoc judges in High Courts under Article 224A in order to reduce the pendency of cases. (With Agency Inputs)