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Retired HC judges ‘embarrassed’ to sit as junior ad hoc judges to clear pendency: CJI — UPSC Current Affairs | December 18, 2025
Retired HC judges ‘embarrassed’ to sit as junior ad hoc judges to clear pendency: CJI
The Chief Justice of India highlighted the reluctance of retired High Court judges to serve as ad hoc judges due to seniority concerns, impacting efforts to reduce the massive backlog of criminal cases. The Supreme Court is leaving the resolution of this issue to the discretion of the Chief Justices of the High Courts.
Overview The Chief Justice of India, Surya Kant , revealed that retired High Court judges are hesitant to return to the Bench as ad hoc judges to address the significant backlog of criminal cases. The primary reason cited is their “embarrassment” at serving as junior judges alongside younger, serving colleagues. This issue impacts the effectiveness of using Article 224A of the Constitution, which allows for the appointment of retired judges to clear pending cases. Key Developments High Court Backlog: As of December 15 , there are 298 vacancies in High Courts against a sanctioned strength of 1,122 judges. Criminal Case Pendency: Data from the National Judicial Data Grid shows 1,898,833 criminal cases pending in the 25 High Courts, with 1,296,374 cases pending for over a year. Supreme Court Intervention: In January , the Supreme Court activated Article 224A to allow Chief Justices of High Courts to appoint retired judges as ad hoc judges. Response: The response from High Courts has been lukewarm, with many not sending names for appointment. Reasons for Reluctance The reluctance stems from two main issues: Retired Judges' Perspective: They feel embarrassed to sit as junior judges with serving judges on Division Benches. Serving Judges' Perspective: Some serving judges question why they should sit with a retired person heading the Bench. Proposed Solutions and Observations Attorney General's Suggestion: R. Venkataramani suggested internal discussions among Chief Justices and colleagues to reach an understanding. Court's Clarification: The court clarified that Chief Justices have the discretion to constitute Benches with ad hoc and sitting judges, deciding who presides in a manner agreeable to both. Single Judge Benches of ad hoc judges are also permissible. Justice Bagchi's Observation: The recruitment process and tenure of ad hoc judges need to be “fine-tuned.” UPSC Relevance This news is relevant to GS2 (Polity and Governance) , specifically concerning the functioning of the judiciary, judicial reforms, and constitutional provisions. The discussion around Article 224A and the challenges in its implementation are crucial for understanding the issues plaguing the Indian judicial system. Important Facts Article 224A: Allows appointment of retired High Court judges as ad hoc judges. Pendency of Cases: Over 1.2 million criminal cases pending for over a year. Vacancies: 298 vacancies in High Courts as of December 15 . Key Individuals: Chief Justice Surya Kant , Attorney General R. Venkataramani , Justice Joymalya Bagchi .
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Overview

Full Article

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Analysis

Prelims Facts (Factual Knowledge)

  1. Article 224A of the Constitution
  2. Role of ad hoc judges
  3. Function of the National Judicial Data Grid
  4. Sanctioned vs. actual strength of High Court judges
  5. The process of appointing ad hoc judges
  6. Tenure of ad hoc judges

Mains Angles (Analytical Discussion)

  1. Analyze the reasons for the reluctance of retired judges to serve as ad hoc judges.
  2. Discuss the challenges in implementing Article 224A for clearing judicial backlogs.
  3. Evaluate the effectiveness of ad hoc judges in reducing the pendency of cases in High Courts.
  4. Examine the issues related to the recruitment and tenure of ad hoc judges.
  5. Assess the role of Chief Justices of High Courts in resolving the issue of ad hoc judge appointments.

Essay Themes (Critical Thinking)

Judicial Reforms in India

Role of the Judiciary in Ensuring Justice

Challenges in the Indian Judicial System

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