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Ad Hoc Judges Under Article 224A

  • 05 Feb 2026
  • 3 min read

Source: IE 

In a significant step to address judicial pendency, the Supreme Court Collegium has approved the appointment of retired judges as ad hoc judges in the Allahabad High Court. 

  • The appointments are made under Article 224A of the Constitution of India, which allows retired High Court judges to be appointed temporarily to tackle case pendency. 
    • Article 224A has been invoked rarely, despite a persistent backlog of cases in High Courts across India. 
  • Article 224A: Under Article 224A of the Constitution, a retired High Court judge may be requested to sit and act as an ad hoc judge of a High Court, with the prior consent of the President, on a reference made by the Chief Justice of the High Court. 
    • While acting, such a judge enjoys all the jurisdiction, powers, and privileges of a High Court judge and is entitled to allowances as determined by the President, but is not deemed a permanent judge of that High Court.  
    • Importantly, no retired judge can be appointed without their consent. 
    • In 2021, the Supreme Court issued guidelines encouraging the use of Article 224A to address the unprecedented backlog of cases in High Courts. 
  • Ad hoc Judges to Supreme Court (Article 127): If quorum of Supreme Court judges is not available, Chief Justice of India (CJI) (with President’s consent) can request a High Court judge duly qualified for appointment as a Judge of the Supreme Court to sit and act as an ad hoc judge of the Supreme Court. 
  • Attendance of Retired Judges at Supreme Court Sittings:  Under Article 128 of the Constitution, the CJI, with the prior consent of the President, may request a retired Supreme Court judge or a qualified retired High Court judge to sit and act as a judge of the Supreme Court. 
Read more: Collegium System of Judicial Appointments in India 
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