In Brief
The Supreme Court activated Article 224A of the Constitution to appoint ad hoc judges to tackle the unprecedented backlog of 57+ lakh cases and 40% vacancies in High Courts. The Court held that although the original intent during drafting was limited, the Constitution is dynamic and the provision can address the current crisis of case arrears. Ad hoc judges require the retired judge's consent and Presidential approval, routed through the collegium. The Court laid comprehensive guidelines: appointments only when recommendations cover 80% of vacancies; primarily assign cases pending over 5 years; tenure 2-3 years; limit 2-5 per High Court; full emoluments minus pension from Consolidated Fund; and prohibition on other legal work. The Court retained continuing jurisdiction to monitor implementation and adjust guidelines.
The lawyer headnote and full judgment text are available to registered users.