Q. With reference to the ad hoc judge in High Court, which of the following statements are correct?
1.Ad hoc judges have the same jurisdiction, powers, and privileges as permanent judges while in office.
2.Ad hoc judges can be appointed from among practicing senior advocates.
3.The number of ad hoc judges in a High Court cannot exceed 10% of its total sanctioned strength.
4.Ad hoc judges receive emoluments and allowances equal to permanent judges of that High Court, including pension.
Select the correct answer using the codes given below:
Explanations –
Statements 1 and 3 are correct. Ad hoc judges appointed under Article 224A of the Constitution have the same jurisdiction, powers, and privileges as sitting High Court judges during their tenure, ensuring they can perform their duties effectively. The Supreme Court has clarified that the number of ad hoc judges in a High Court should not exceed 10% of its total sanctioned strength, typically allowing for 2-5 such appointments depending on the size of the court.
Statements 2 and 4 are incorrect. Ad hoc judges are appointed from retired High Court judges, not practicing advocates. Article 224A specifically allows for the appointment of retired High Court judges with the consent of the Chief Justice of the High Court and the President. While ad hoc judges receive emoluments and allowances equal to permanent judges during their tenure, they do not receive pensions as part of these benefits. Their tenure is temporary and subject to the requirement of the High Court to clear pending cases.
Source: The Hindu
