On 20th April 2021, the Supreme Court allowed High Court Chief Justices to start appointing retired HC judges as ad hoc judges for 2 to 5 years if the High Court faced a large number of cases. In allowing this, the Supreme Court effectively activated Article 224A of the Indian Constitution.
Article 224A had been dormant for almost 58 years. Part VI (Article 152 to 237) of the Indian Constitution deals with the States. Chapter V (Article 214 to 231) of Part VI deals with the High Courts in the States.
Article 224A (Inside Part VI)
“Notwithstanding anything in this chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court, provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.”
- Article 224A was there in the original Constitution in 1949.
- Deleted in 1956, by the 7th Constitutional Amendment Act.
- Reintroduced in 1963, by the 15th Constitutional Amendment Act.
Use of Article 224A so far:
In the last 58 years, only three judges have been appointed as ad hoc judges to HCs for a period of one year each.
1972 – Justice Suraj Bhan: Madhya Pradesh HC. 1982 – Justice P Venugopal: Madras HC.
2007 – Justice O P Srivastava: Allahabad HC for the Ayodhya case.
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