Q. With reference to the appointment of ad hoc judges, which of the following observations is/are correct?
- The Constitution permits High Court Chief Justices to request retired judges as ad hoc judges with the President's consent.
- Ad hoc judges can be appointed only if less than 20% of vacancy recommendations are pending.
- The Supreme Court considers ad hoc appointments as an "active provision" with multiple recorded instances.
Select the correct option from the codes given below:
Answer:
Only two
Notes:
- The Constitution permits High Court Chief Justices to request retired judges as ad hoc judges with the President's consent. Correct: Article 224A of the Indian Constitution allows the Chief Justice of a High Court to request retired judges to act as ad hoc judges, with the President's prior consent.
- Ad hoc judges can be appointed only if less than 20% of vacancy recommendations are pending. Correct: The Court ruled that ad hoc judges can only be appointed if recommendations for filling less than 20% of the vacancies have not been made.
- The Supreme Court considers ad hoc appointments as an "active provision" with multiple recorded instances. Incorrect: The Supreme Court has noted only three recorded instances of ad hoc judges being appointed under Article 224A, deeming it a "dormant provision."
These instances include: Justice Suraj Bhan (1972), Justice P. Venugopal (1982), Justice O.P. Srivastava (2007).