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Judiciary Reforms • Article 224A • Judicial Backlog • Supreme Court • Ad Hoc Judges

Supreme Court Advocates Appointment of Retired Judges to Tackle Case Backlogs

In a significant move to address the growing backlog of criminal cases in High Courts, the Supreme Court of India on January 21, 2025, proposed the temporary appointment of retired judges under Article 224A of the Constitution. The suggestion revives a rarely-used constitutional provision with the potential to offer immediate relief to India’s overburdened judiciary.

🧾 What is Article 224A?

• Introduced to allow temporary reappointment of retired High Court judges.
• Requires:
  • Consent of the retired judge
  • Approval from the President of India
• Appointees do not become regular judges and are entitled to allowances decided by the President.

⚙️ How the Appointment Works

Outlined in the 1998 Memorandum of Procedure (MOP):

1. The Chief Justice of a High Court seeks consent from a retired judge.
2. The recommendation is sent to the state’s Chief Minister, who forwards it to the Union Law Minister.
3. After consultation with the Chief Justice of India, it goes to the Prime Minister, who then advises the President.

🏛️ Supreme Court’s Collegium Oversight

• A 2021 Supreme Court ruling requires all ad hoc appointments to pass through the collegium system (CJI + two senior-most judges).
• This ensures transparency, merit-based selection, and accountability.

📌 Conditions for Triggering Ad Hoc Appointments

The Supreme Court laid down specific criteria:

• 20% or more vacancies in a High Court.
• 10% or more pending cases that are over five years old.
• Situations where regular appointments have been delayed or insufficient.

📜 Historical Usage of Article 224A

Despite being available since 1950, it has only been used three times:

1. Justice Suraj Bhan (1972)
2. Justice P. Venugopal (1982)
3. Justice O. P. Srivastava (2007)
   This underlines its significant underutilisation, despite persistent backlog issues.

🔍 Current Recommendations

The apex court proposes:

• Each High Court to form a panel of eligible retired judges.
• 2–5 ad hoc appointments per court, serving 2–3 years.
• Periodic reviews of effectiveness and caseload impact.

🚨 Judicial Vacancies: A Looming Crisis

• Over 40% of High Court posts remain vacant.
• Law Commission reports have long recommended using retired judges to bridge this gap.
• The new proposal aims to strike a balance between short-term relief and the continuation of regular appointments.