The Supreme Court has clarified the role of ad hoc judges within India’s High Courts, allowing them to participate in both single-judge and division benches. The decision, handed down on Thursday, also grants High Court Chief Justices discretion in determining which judge—sitting or ad hoc—will preside over a division bench comprised of both.
Expanded Role for Ad Hoc Judges
Previously, a 2021 ruling stipulated that ad hoc judges – retired High Court judges appointed under Article 224A of the Constitution – could only sit in division benches composed entirely of other ad hoc judges. This condition was temporarily suspended in January of this year. The Court’s latest clarification removes that restriction, broadening the scope of their participation.
The shift comes after concerns were raised about potential difficulties arising from an ad hoc judge being required to sit as a junior to a sitting judge. Chief Justice of India Surya Kant acknowledged this concern, stating that both sitting and ad hoc judges “might raise an objection” to such an arrangement. The Court’s solution places the responsibility for resolving this issue with the Chief Justice of each High Court.
Attorney General for India R Venkataramani suggested that Chief Justices could facilitate a discussion among judges to reach an “internal understanding” regarding bench composition and presiding judge selection. Senior Advocate K Parameshwar, serving as amicus curiae, highlighted the need for ad hoc judges to handle single benches, particularly in courts like Allahabad, which face significant appeal backlogs.
Discretion for Chief Justices
The Court’s order explicitly states that if two ad hoc judges are appointed to a High Court, the Chief Justice has the authority to constitute a division bench. Furthermore, the Chief Justice has full discretion to create benches with a combination of sitting judges and ad hoc judges, and to determine who will preside, based on agreement between the judges involved. There will be “no impediment in constituting the single judge benches of ad hoc judges.”
The appointment of ad hoc judges was initially linked to High Courts experiencing vacancies exceeding 20% of their posts, a condition that was relaxed in January 2025.
Frequently Asked Questions
What is an ad hoc judge?
An ad hoc judge is a retired High Court judge appointed under Article 224A of the Constitution to assist with the workload of a High Court.
What was the previous restriction on ad hoc judges?
A 2021 ruling required ad hoc judges to only sit in division benches comprised solely of other ad hoc judges. This condition was suspended in January 2025.
Who decides which judge presides over a division bench with both sitting and ad hoc judges?
The Chief Justice of the High Court has the discretion to decide who will preside over a division bench consisting of both a sitting judge and an ad hoc judge, based on an agreement between the judges.
As High Courts continue to grapple with substantial caseloads, will this expanded role for ad hoc judges prove effective in reducing delays and ensuring timely access to justice?