Ad Hoc Judges in the Supreme Court: Their Role, Appointment and Jurisdiction

Understanding the concept of 'ad hoc judges' is crucial to grasp the dynamics of the Indian judicial system, particularly within the Supreme Court. The term 'ad hoc', derived from Latin, means 'for a specific purpose' or 'as necessary.' In this context, ad hoc judges play a vital role when the Supreme Court needs an extra seat to conduct its proceedings in the absence of a regular judge. This article delves into the nuances of the appointment, jurisdiction, and roles of ad hoc judges as outlined in the Indian Constitution.

What Are Ad Hoc Judges?

Not all judges in the Supreme Court are appointed for life. Ad hoc judges, also known as special or additional judges, are appointed temporarily when there is a shortage of judges to proceed with any session of the Supreme Court. This temporary arrangement ensures that the Supreme Court can continue its operations without delay.

Role and Duties

Ad hoc judges perform the same judicial functions as permanent Supreme Court judges. They have the same jurisdiction, powers, and privileges, allowing them to make impartial and informed decisions. Importantly, while an ad hoc judge can contribute significantly to the justice system, they do not become a permanent part of the Supreme Court. Their role is purely temporary.

Appointment Process

The appointment of an ad hoc judge is a multi-layered process governed by specific constitutional provisions. According to the Indian Constitution, any appointment must adhere to strict guidelines to ensure the impartiality and effectiveness of the assigned judge.

Appointment by the Chief Justice of India

The Chief Justice of India has the authority to designate a judge from a High Court as an ad hoc judge for a specific period. Prior to this, the Chief Justice of the concerned High Court must be consulted, and the President's prior consent is mandatory. The appointment is governed by Article 127 of the Indian Constitution. If at any time there is a lack of quorum in the Supreme Court, the Chief Justice of India may, with the prior consent of the President, request a designated High Court judge to attend and sit in for an ad hoc term.

Appointment of Retired Judges

In the event of a significant shortage, the Chief Justice of India can also seek the assistance of a retired Judge of the Supreme Court or a High Court who is qualified for a position in the Supreme Court. Article 128 outlines the process, which includes a written request to the President to request such a judge to sit and act. The salary and allowances of the retired judge are determined by the President.

Key Responsibilities and Privileges

The designated ad hoc judge's primary responsibility is to attend the Supreme Court sessions during the period specified and comply with all duties related to their role. During the term, the ad hoc judge enjoys all the jurisdiction, powers, and privileges of a permanent Supreme Court judge. This ensures that the quality of justice is not compromised. Despite these privileges, it is important to note that an ad hoc judge is not deemed a regular member of the Supreme Court. Their role is a temporary arrangement.

Conclusion

The system of ad hoc judges in the Supreme Court of India demonstrates the country's commitment to ensuring justice is not delayed due to unforeseen circumstances. These temporary arrangements provide flexibility and essential assistance when the permanent judges are unavailable, thereby ensuring the continuity and efficiency of the Supreme Court. Understanding the intricacies of ad hoc judges is crucial for legal professionals and citizens alike.