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The Supreme Court of India, in a significant move aimed at addressing the crippling backlog of cases plaguing the nation's High Courts, has relaxed the stringent conditions previously imposed on the appointment of ad hoc judges. This decision, delivered by a special bench headed by Chief Justice Sanjiv Khanna on January 30th, 2025, significantly alters the landscape of judicial appointments and directly tackles the issue of mounting case pendency. The previous ruling, established in April 2021 in the Lok Prahari versus Union of India case, mandated that ad hoc appointments could only be made if judicial vacancies in a High Court exceeded 20% of its sanctioned strength. This threshold, while aiming for fiscal responsibility and preventing excessive ad hoc appointments, proved to be a significant barrier in the face of the overwhelming number of pending cases.
The newly relaxed criteria removes the rigid 20% vacancy requirement, acknowledging the pressing need for additional judicial manpower. The special bench, also including Justices B.R. Gavai and Surya Kant, recognized the urgent necessity to expedite the resolution of pending cases, particularly criminal appeals, which constitute a substantial portion of the backlog. This decision underscores the severity of the judicial backlog crisis in India. The High Courts grapple with over 60 lakh pending cases, with nearly 20 lakh being criminal appeals alone. Such a massive backlog poses a serious threat to the timely administration of justice and jeopardizes the rights of litigants. The court's action aims to alleviate this pressure and expedite the judicial process, offering a crucial response to concerns regarding delays and access to justice.
While removing the 20% vacancy threshold, the Supreme Court has implemented a new limitation: the number of ad hoc judges appointed to any High Court cannot surpass 10% of its sanctioned judicial strength. This provision ensures that the system does not become overwhelmed with ad hoc appointments, maintaining a degree of control over the process. The Court also specified that ad hoc judges can accompany a sitting High Court judge in a Division Bench, primarily to hear criminal appeals. This strategic deployment of ad hoc judges aims to maximize their effectiveness and focus their contribution on addressing the most pressing backlog issues, streamlining the resolution of criminal matters. Additionally, the decision retains certain conditions from the 2021 judgment, including considerations for cases pending for over five years, where 10% of the pendency has exceeded this timeframe, and where the disposal rate falls below the rate of new case filings. These criteria ensure that ad hoc appointments remain targeted towards areas of greatest need.
The impact of this decision is multifaceted and far-reaching. By addressing the backlog, it potentially accelerates the resolution of pending cases, reducing delays in justice and minimizing the adverse effects on litigants. However, the success of this initiative hinges on effective implementation. This means efficient recruitment of suitable retired judges willing to serve as ad hoc judges, sufficient logistical support for these appointments, and adequate infrastructure to support the increased judicial workload. Concerns may arise regarding the quality of justice dispensed by ad hoc judges, especially if recruitment is rushed or if adequate training and support are lacking. The long-term sustainability of this strategy also requires careful assessment and monitoring. Regular reviews of the effectiveness of ad hoc judge appointments are crucial to ensure that the system is functioning optimally and addressing the underlying issues contributing to the case backlog.
The Supreme Court's decision reflects a complex balancing act. It acknowledges the pressing need for immediate relief from the overwhelming case backlog while simultaneously attempting to maintain a degree of control to avoid potential unintended consequences. The relaxation of the 20% vacancy condition is a significant shift, signaling a renewed commitment to addressing the systemic challenges faced by India's judicial system. The success of this initiative depends not only on the appointment of ad hoc judges but also on a comprehensive approach addressing wider issues like judicial infrastructure, case management, and judicial reforms. Only a multi-pronged strategy can effectively combat the deeply ingrained problem of case pendency and ensure timely and equitable access to justice for all citizens. The decision represents a major development in the Indian judicial landscape and will be closely watched for its effectiveness in resolving the long-standing issue of case backlog within the High Courts.
Source: With an eye on backlog, Supreme Court relaxes condition for appointment of ad hoc judges to HCs