Ad Hoc Judges

By : Neha Dhyani

Updated : Apr 12, 2022, 12:45

For many years, in India, various cases have been pending due to the unavailability of judges or other circumstances. Considering the seriousness of this situation, the Supreme Court has recommended the appointment of Ad Hoc Judges to solve and reduce pending cases in high courts.

An ad hoc judge is a judge appointed through a specific process for a particular case or period only in contrast to a regular judge.

Ad Hoc Judges - Meaning

  • Article 127 of the Constitution of India suggests that when a quorum of permanent judges is required to hold and continue a Supreme Court session, then the Chief justice of India can hire a high court judge as an ad hoc supreme court judge for a specific time.
  • Ad Hoc Judges will initiate this only after consulting with the chief justice of the high court in question and after receiving the president's prior approval.
  • The judge's responsibility is to attend the Supreme Court sittings first and foremost above all their duties.
  • They have all the responsibilities, powers, authorities, and benefits of a Supreme Court judge.

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Role of Ad Hoc Judges

  • In a divisional bench of Ad Hoc Judges and sitting judges at the time of hearing before the division bench, it is not required for the divisional court to be formed. Currently, the division bench may include only Ad Hoc Judges because their past cases need to be heard by them.
  • In reality, the role of Ad Hoc Judges is to conduct the functions of a Supreme Court justice, and it is not appropriate for an ad hoc judge to perform any other legal work.
  • Usually, five-year-old pending cases are assigned to Ad Hoc Judges. Besides this, it would not be improper for the chief justice of the Supreme Court to exercise their discretion to hear such kinds of issues.
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Methods for the Appointment of Ad Hoc Judges

Managing the Appointment System -

The vacancy is filled without any delay. An appropriate timeframe is given to appoint the Ad Hoc Judges, and in advance, the suggestion is also provided.

Moreover, the entire judicial services constitutions are also a significant factor that can help India establish a fair judicial system.

Use of Technologies -

Consumers know their rights, and they are also conscious of their privileges. Therefore the number of cases is rising every day. Hence to deal with and manage all the issues, the judicial authority of India is required to fill the vacancies quickly, and the use of the latest technologies, especially artificial intelligence, must be encouraged.

It is an absolute fact that the retired judges have several years of experience, so their precious talent can use to solve all the long-term pending cases. However, for the retired judges, the pressure of administrative work is less, so they can spend their time hearing old pending cases effectively. Thus the appointment of retired judges as Ad Hoc Judges is strongly recommended.

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FAQs on Ad Hoc Judges

Q.1) What are Ad Hoc Judges?

Ad Hoc Judges are judges appointed through a specific process for a particular case or period only in contrast to a regular judge.

Q.2) Which Article of the Indian Constitution talks about Ad Hoc Judges?

Article 127 of the Constitution of India suggests that when a quorum of permanent judges is required to hold and continue a Supreme Court session, then the Chief justice of India can hire high court judges as Ad Hoc Judges for the supreme court for a specific time.

Q.3) What is the role of Ad Hoc Judges?

The role of Ad Hoc Judges is to conduct the functions of a Supreme Court justice, and it is not appropriate for them to perform any other legal work.

Q.4) Which cases are assigned to Ad Hoc Judges?

Usually, five-year-old pending cases are assigned to Ad Hoc Judges.

Q.5) What powers do Ad Hoc Judges have?

Ad Hoc Judges have all the responsibilities, powers, authorities, and benefits of a Supreme Court judge.