Madras High Court Contemplating Appointment Of Ad-Hoc Judges To Clear Backlog Of Over 5.8 Lakh Cases

To reduce the backlog of over 5.8 lakhs cases pending before it, the Madras High Court is contemplating the appointment of retired High Court judges as ad-hoc judges, 'The Hindu' has reported.

As per the reports, the proposal to appoint ad-hoc judges is under active consideration of the Madras High Court and that Chief Justice Sanjib Banerjee will be taking a call on the suitable candidates.

In April 2021, the Supreme Court [A bench comprising the Chief Justice of India SA Bobde, Justices Sanjay Kishan Kaul and Surya Kant] had laid down guidelines for the appointment of ad-hoc judges in High Courts under Article 224A of the Constitution of India in Lok Prahari vs Union of India.

'If Vacancies Are More Than 20% Sanctioned Strength' : Supreme Court Lays Down 5 Trigger Points To Appoint Ad-Hoc Judges In High Courts

It may be noted that Article 224A of the Constitution of India is an enabling provision, under which a Chief Justice of a High Court, with the previous consent of the President, can request a former High Court judge to "sit and act as a judge" of the High Court to hear cases. The provision, though used rarely, can help the High Courts in clearing the backlog of cases.

Status of case pendency before the Madras High Court

It may be noted that as per National Judicial Data Grid ("NJDG"), 5 High Courts alone are responsible for 54% of the pendency of over 57,51,312 cases – the High Courts of Allahabad, Punjab & Haryana, Madras, Bombay, and Rajasthan.

The Madras High Court has among the highest arrears in the country of 5.8 lakh cases despite having fewer vacancies than most 14 other High Courts (i.e., 7%).

Interestingly, the Calcutta High Court has one of the highest vacancies of regular appointments (44%) but less than half the arrears as compared to Madras (2.7 lakh cases)

As of now, the working strength of the Madras High Court is 59 as against its sanctioned strength of 75 judges. 

Article 224A has largely been a dormant provision with only three recorded instances of its invocation and which are:

1. Justice Suraj Bhan of the Madhya Pradesh High Court was appointed as an ad hoc Judge in November 1972, after he had demitted office on February 1971. His appointment was for a period of one year or till the disposal of election petitions entrusted to him, whichever was earlier. Thus, it was with a specific purpose.
2. Justice P. Venugopal of the Madras High Court was appointed to the post of ad hoc Judge in the year 1982 and yet again his term was renewed for a period of one year from August 1983.
3. Justice O.P. Srivastava of the Allahabad High Court was appointed as an ad hoc Judge in the year 2007. He was one of the Members of the Special Bench constituted for hearing of the Ayodhya matter with the avowed object of facilitating continued and continuous hearing of the matter.

It may be noted that the Supreme Court had, in its April 2021 Judgment, listed down following 5 Trigger points to activate Article 224A

• If the vacancies are more than 20% of the sanctioned strength.
• The cases in a particular category are pending for over five years.
• More than 10% of the backlog of pending cases are over five years old.
• The percentage of the rate of disposal is lower than the institution of the cases either in a particular subject matter or generally in the Court.
• Even if there are not many old cases pending, but depending on the jurisdiction, a situation of mounting arrears is likely to arise if the rate of disposal is consistently lower than the rate of filing over a period of a year or more

It is also important to note that during a hearing in the Lok Prahari case before the Supreme Court, the counsel appearing for Madhya Pradesh, Madras and Kerala High Courts had said if the recommendation made by the High Court Chief Justice for an ad hoc judge is sent to the government and the Government of the day delays the appointment, it would lead to a situation wherein the object of ad-hoc judges appointment would be frustrated.

Thus, the High Courts had suggested that such proposals should be referred to the President directly. 

Also Read: Supreme Court Mulls Guidelines For Appointment Of Ad-Hoc Judges Under Article 224A; Seeks Views Of High Courts

Ad Hoc Judges Can Be Appointed Only After Filling Regular Vacancies, Centre Tells Supreme Court

'Article 224A Of Constitution A Salutary Provision' : Supreme Court Reserves Orders On Plea For Ad-Hoc Judges In High Court

'If Vacancies Are More Than 20% Sanctioned Strength' : Supreme Court Lays Down 5 Trigger Points To Appoint Ad-Hoc Judges In High Courts