Context:

Recently, the Supreme Court of India clarified that ad hoc judges appointed to High Courts under Article 224A of the Constitution may sit as single-judge benches or as part of division benches alongside sitting judges.

About Ad Hoc Judges:

Article 224A of the Constitution permits the appointment of retired High Court judges as ad hoc judges to address the growing backlog of cases. Key provisions include:

• • Appointment Criteria: Ad hoc judges may be appointed when vacancies exceed 20% of the sanctioned strength, although this condition was relaxed in January 2025.
  •  April 2021 Judgment: The Supreme Court had earlier directed that ad hoc judges should sit only in division benches consisting exclusively of ad hoc judges, to avoid hierarchical complications where a retired judge might function as junior to a sitting judge.
  • Temporary Measure: The appointment of ad hoc judges is intended as a stop-gap arrangement to reduce mounting pendency in High Courts, where appeals often remain pending for several years.

Key Points of the Recent Supreme Court Clarification:

A bench comprising CJI Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi issued the following clarifications:

• • Flexibility in Bench Constitution: Ad hoc judges may now sit as single judges or in division benches with sitting judges, subject to the discretion of the Chief Justice of the High Court.
  • Presiding Judge Discretion: The Chief Justice of the High Court has complete discretion to decide which judge will preside over a division bench comprising an ad hoc judge and a sitting judge.
  • Single-Bench Jurisdiction: There is no constitutional or legal impediment to constituting ad hoc judges as single-judge benches.
  • Modification of April 2021 Judgment: The earlier April 2021 ruling stands suitably modified in light of the present clarification.

Rationale:

• • The earlier restriction was aimed at preventing hierarchical and protocol-related conflicts within judicial benches.
  • The revised approach introduces greater functional flexibility, enabling High Courts to address pendency more efficiently while maintaining judicial decorum.

Significance of the Decision:

• • Reducing Pendency: With over four crore cases pending nationwide, empowering ad hoc judges to function as single judges or in mixed division benches can significantly expedite case disposal.
  • Flexible Bench Composition: High Courts can deploy single-judge benches for routine matters and division benches for appeals or complex cases, effectively leveraging the experience of both sitting and ad hoc judges.
  • Chief Justice’s Autonomy: Vesting discretion in the Chief Justice enhances institutional flexibility and administrative efficiency.
  • Practical Resolution of Hierarchical Concerns: The clarification addresses apprehensions of both ad hoc and sitting judges, allowing the Chief Justice to manage protocol issues pragmatically.

Conclusion:

The Supreme Court’s December 2025 clarification provides a pragmatic and flexible framework for the functioning of ad hoc judges under Article 224A. By balancing judicial protocol with the urgent need to reduce pendency, the ruling optimises judicial resources while preserving the dignity, hierarchy, and efficiency of the higher judiciary.