The appointment of a retired district judge as a judge

S.R. SALMAN
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Ad hoc judges
Recently, in a rare instance, the Supreme Court collegium has recommended the appointment of a retired district judge as a judge of the Madhya Pradesh HC, citing legitimate expectation and delay in the selection process.

About Ad hoc judges UPSC 
Constitutional Provisions: The appointment of ad-hoc judges has been provided in the Constitution under Article 224A (appointment of retired Judges at sittings of High Courts).

Under this Article, the Chief Justice of a High Court for any State can request a person to act as a judge of the High Court.

For this, the prior consent of the president is required.

The person should have held the office of judge of that court or of any other High Court.

Such a judge is entitled to allowances as determined by the President.

He will also enjoy all the jurisdiction, powers and privileges of a judge of that high court.

The Chief Justice of a High Court may start the procedure of recommending a name if:

The number of vacancies is more than 20% of the sanctioned strength.

Cases in a particular class are pending for over five years.
More than 10 % of pending cases are over five years old.

Percentage of the rate of disposal is beneath the institution of the cases either in a particular subject matter or in the court.

Source: TOI

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