Q. With reference to the ad-hoc judges in the High Court, consider the following statements:
1.As per the Indian Constitution, ad-hoc judges can only hear criminal appeals.
2.Approval of the President of India is required for the appointment of ad-hoc judges.
3.Ad-hoc judges can be appointed only when vacancies in a High Court exceed 20% of its sanctioned strength.
How many of the statements given above are correct?
Explanations –
Statements 1 and 3 are incorrect. Ad-hoc judges are not restricted to hearing only criminal appeals. While the recent Supreme Court decision allowed retired judges to hear criminal appeals as part of a Bench led by a sitting judge, Article 224-A of the Constitution does not limit their jurisdiction to criminal cases. They can exercise the same jurisdiction and powers as regular High Court judges. The Supreme Court has relaxed this condition, allowing the appointment of ad-hoc judges even if vacancies do not exceed 20% of the sanctioned strength.
Statement 2 is correct. Article 224-A specifies that the appointment of ad-hoc judges requires the consent of the retired judge and approval from the President of India. Till now, only three ad-hoc appointments have been made.
Source: The Hindu
