Article 224A – Provision

  • Text: A retired High Court judge may, with the prior consent of the President, be requested by the Chief Justice of a High Court to sit and act as an ad hoc judge of that High Court.
  • Scope: The ad hoc judge enjoys all the jurisdiction, powers and privileges of a permanent High Court judge while serving.
  • Compensation: Entitled to allowances as determined by the President.
  • Consent: No retired judge can be appointed without his/her consent.

Key Facts & Data Points

  • First use: Invoked sparingly since the Constitution’s commencement; notable usage in 2021‑2026.
  • 2021 Guidelines: Supreme Court issued directions encouraging states to invoke Article 224A to address the unprecedented backlog in High Courts.
  • 2026 Development: Collegium approved appointment of retired judges as ad hoc judges in the Allahabad High Court to tackle pendency.
  • Related Articles:
  • Article 127 – Ad hoc judges for the Supreme Court when quorum is lacking.
  • Article 128 – Retired Supreme Court or qualified High Court judges may sit as ad hoc judges of the Supreme Court with President’s consent.

Background & Context

  • Judicial Pendency: Over 2.5 million cases pending across Indian High Courts; delays undermine access to justice.
  • Collegium System: The Supreme Court Collegium (Chief Justice of India + senior judges) recommends appointments; it can also recommend ad hoc appointments under Article 224A.
  • Rationale for Ad hoc Judges:
  • Immediate augmentation of judicial manpower.
  • Temporary solution without altering the permanent strength of the bench.
  • Allows experienced retired judges to contribute without full‑time commitment.

Significance for India / Governance / Policy

  • Decongestion of Courts: Direct impact on case disposal rates, reducing backlog and enhancing public confidence.
  • Judicial Independence: The provision safeguards independence by requiring President’s consent and judge’s own consent.
  • Policy Implication: Demonstrates a pragmatic approach to judicial reforms; could be a model for other systemic bottlenecks.
  • Potential Challenges:
  • Limited pool of willing retired judges.
  • Need for clear guidelines to prevent misuse.

Related Constitutional / Legal Provisions

  • Article 124 – Constitution of Supreme Court.
  • Article 217 – Appointment of High Court judges.
  • Article 217(1) – Consultation with the Governor and Chief Justice of the High Court.
  • Article 127 & 128 – Complementary provisions for ad hoc judges in the Supreme Court.

Recent Developments

  • 2021: Supreme Court guidelines urging states to use Article 224A.
  • February 2026: Collegium’s approval for ad hoc appointments in Allahabad High Court – a practical test of the 2021 guidelines.

For UPSC preparation, focus on the text of Article 224A, its procedural safeguards, its role in judicial reforms, and its relationship with Articles 127 and 128.