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Supreme Court of India 2021-04-20 allowed

Lok Prahari through its General Secretary S.N. Shukla IAS (Retd.) vs Union of India & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court activated the dormant Article 224A to address a critical crisis: over 57 lakh pending cases and 40% judicial vacancies in High Courts. The Court held that retired judges may be appointed as ad hoc judges with their consent to clear old cases. Ad hoc judges receive full salary and benefits (excluding pension) and must be assigned cases pending over five years. Appointments require President's consent and follow the Memorandum of Procedure (~3 months). The Court set trigger points (20%+ vacancies or old pending cases) and safeguards (recommendations for 80%+ regular vacancies before ad hoc recourse). Tenure is typically 2–3 years with 2–5 judges per court. The Court issued continuing mandamus with four-month review cycles to monitor implementation.

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Constitutional Law Judicial Administration High Court Procedure Judges and Judiciary Articles 224A

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