The term “ad hoc judges” in the context of the Indian judiciary generally refers to the appointment of judges on a temporary or provisional basis to address specific needs or circumstances. It’s crucial to note that the Constitution of India does not explicitly use the term “ad hoc judges.” However, certain provisions allow for temporary appointments or additional judges to serve in the high courts.
1. Additional Judges in High Courts:
- The Constitution of India, under Article 224, empowers the President of India to appoint additional judges to a high court for a temporary period. This provision allows for the appointment of judges to address a temporary increase in the number of cases or any other exigencies.
2. Temporary Appointments to Fill Vacancies:
- High courts may experience fluctuations in the number of cases, and there could be a need for additional judges to expedite the disposal of pending cases. The appointment of additional judges on an ad hoc basis helps manage such situations.
3. Extension of Term:
- The term of an additional judge may be extended, but it is generally for a fixed period. After this period, the judge may either be confirmed as a permanent judge or may demit office.
4. Evaluation for Permanent Appointment:
- During their tenure as additional judges, their performance is often evaluated. If found suitable, they may be considered for permanent appointment as judges of the high court.
5. Appointment Process:
- The appointment of additional judges is typically made by the President of India on the advice of the Chief Justice of India in consultation with the Governor of the state and the Chief Justice of the concerned high court.
6. Role and Functions:
- An additional judge, like any other judge, performs judicial functions and has the same powers and jurisdiction as a permanent judge of the high court.
7. Constitutional Safeguards:
- The temporary nature of the appointment does not compromise the constitutional safeguards and standards of judicial independence applicable to permanent judges.
8. Conversion to Permanent Judges:
- If the additional judge’s performance is satisfactory, and if there are permanent vacancies in the high court, they may be considered for appointment as permanent judges through the regular procedure.
9. High Court’s Administrative Autonomy:
- The Chief Justice of the high court, in consultation with fellow judges, plays a crucial role in managing the administrative aspects, including the appointment and extension of additional judges.
