Appointment of Ad Hoc Judges:
Relaxation of 20% Vacancy Rule: The Supreme Court has relaxed its previous condition that ad hoc judges can only be appointed if judicial vacancies in a High Court exceed 20% of the sanctioned strength.
This condition, imposed in the 2021 Lok Prahari vs. Union of India case, has been eased to address the growing backlog of cases.
Constitutional Basis: Article 224A of the Constitution allows for the appointment of retired High Court judges as ad hoc judges.
Rationale: The relaxation aims to reduce the massive case pendency in High Courts, particularly the backlog of criminal appeals.
Key Decisions and Conditions:
Ad Hoc Judges on Division Benches: The Supreme Court has allowed ad hoc judges to sit with sitting High Court judges on Division Benches to hear criminal appeals.
This integration aims to expedite the disposal of these cases.
Limit on Ad Hoc Judges: The number of ad hoc judges in a High Court cannot exceed 10% of the sanctioned judicial strength.
This cap ensures that ad hoc appointments remain a supplementary measure and do not become a permanent feature of the judicial system.
Conditions for Appointment (Remaining): While the 20% vacancy threshold has been relaxed, other conditions from the 2021 judgment still apply. These include:
Cases in a specific category pending for over five years.
10% of the total pendency exceeding five years.
Disposal rate being lower than the rate of fresh case filings.
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