Lok Sabha Question No. 1274 (UNSTARRED), answered on 2026-02-06
Subject: Appointment of Ad-Hoc Judges in High Courts
Ministry: LAW AND JUSTICE
Asked by: Shri Gaurav Gogoi

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 1274 TO BE ANSWERED ON FRIDAY, THE 6 th  FEBRUARY, 2026

## APPOINTMENT OF AD-HOC JUDGES IN HIGH COURTS

## 1274.  SHRI GAURAV GOGOI:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Government has taken note of the Supreme Court's proposal to appoint  ad-hoc  judges  in  High  Courts  with  high  pendency  of  criminal appeals under Article 224A of the Constitution, if so, the action taken in this regard and if not, the reasons therefor;
- (b) the  total  number  of  criminal  appeals  pending  in  High  Courts  across  the country, along with a breakup for the last five years, State-wise and yearwise;
- (c) the  details  of  the  steps  taken  by  the  Government  to  address  judicial vacancies and expedite disposal of criminal appeals; and
- (d) whether the Government is considering a formal policy to institutionalise the appointment of ad-hoc judges in High Courts to reduce the backlog of cases, if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

(SHRI ARJUN RAM MEGHWAL)

(a) to (d): The  Supreme  Court  vide  judgment  dated  20.04.2021  in  W.P.  (C)  No. 1236 of 2019 had stipulated guidelines for such appointments. Supreme Court Bench vide its orders dated 30.01.2025  and 18.12.2025 has partially amended the aforesaid judgment dated 20.04.2021 and has, inter-alia, directed that each High Court may take recourse  to  Article  224A  of  the  Constitution  of  India  for  appointment  of  ad-hoc Judges, between 2 and 5 in number but not exceeding 10% of the sanctioned strength of the High Court. It has also been directed that the procedure for appointment of adhoc  Judges,  as  given  in  the  Memorandum  of  Procedure  (MoP)  for  appointment  of High Court Judges is applicable for such appointments.

As per the National Judicial Data Grid (NJDG), 7,63,539 criminal appeals are pending in various High Courts.

As per the MoP, the responsibility for initiation of proposals for appointment of Judges  in  the  Supreme  Court  vests  with  the  Chief  Justice  of  India,  while  the responsibility for initiation of proposals for appointment of Judges in the High Courts vests  with  the  Chief  Justice  of  the  concerned  High  Court,  in  consultation  with  two senior-most puisne Judges of the High Court. As per the MoP, the High Courts are required  to  make  recommendations  at  least  06  months  before  the  occurrence  of  a vacancy.  However, this  time  limit  is  rarely  observed.  For  appointments  to  the  High Courts, the views of concerned State Government are obtained in accordance with the MoP.  The  recommendations  also  have  to  be  considered  in  the  light  of  such  other reports  as  may  be  available  to  the  Government  in  respect  of  the  names  under consideration.  The recommendations  of the High Court Collegium, the State Governments and the Government of India are then forwarded to the Supreme Court Collegium (SCC) for advice.

Appointment of Judges in the higher judiciary is a continuous, integrated and collaborative process between the executive and the judiciary. It requires consultation and approval from various Constitutional Authorities both at State and Central level. Only those persons whose names have been recommended by the SCC are appointed as Judges of the High Courts.

Pendency of cases in courts arise due to several factors which inter alia, include complexity  of  the  facts  involved,  nature  of  evidence,  co-operation  of  stake-holders viz.  Bar,  investigation  agencies,  witnesses  and  litigants  besides  the  availability  of physical  infrastructure,  supporting  court  staff  and  proper  application  of  rules  and procedures  to  monitor,  track  and  bunch  hearing  of  cases.  Furthermore,  pendency  of cases  and  vacancy  position  of  judges  in  High  Courts  are  not  necessarily  directly related.

****