- December 9, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
Context: The Supreme Court said on Thursday the process suggested by the Centre for appointment of ad-hoc judges in high courts is “very cumbersome” and emphasised a simpler procedure should be adopted so the real objective of their appointment doesn’t get defeated.
Understanding Ad hoc judges in India
- Article 127 of the Indian Constitution proposes that when a quorum of permanent judges is needed to continue or hold a Supreme Court session, the Chief Justice of India can nominate a High Court judge as an ad hoc Supreme Court judge for a specified time.
- The chief justice of the Supreme Court can only accomplish so after consulting with the chief judge of the High Court in question and accepting the President’s prior consent.
- The judge selected for this post should be eligible to serve on the Indian Supreme Court.
- It is the responsibility of the judge thus designated to attend Supreme Court sessions first and foremost, above his other obligations.
- While doing so, the Ad hoc judge in India carries all of the power, authorities, and advantages and the obligations of a Supreme Court judge.
Article 224A of the Constitution deals with appointment of ad-hoc judges in high courts and says “the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State”.