In a recent observation, the Supreme Court (SC) highlighted the underutilization of experienced retired High Court (HC) judges and suggested their reappointment as ad hoc judges to tackle the burgeoning backlog of cases plaguing the Indian judicial system. This comes amid increasing concerns about the massive number of pending cases across the country, which impacts access to justice and weakens the judiciary.
As of December 2025, Indian courts are struggling with over 5.49 crore pending cases. The Supreme Court alone has 90,897 cases awaiting resolution, while the 25 High Courts are burdened with 63,63,406 matters. The lower courts face the most significant challenge, grappling with 4,84,57,343 unresolved cases. This extensive backlog leads to prolonged periods of uncertainty for litigants, with some cases taking decades to resolve.
The Supreme Court's suggestion to reappoint retired HC judges aims to leverage their expertise and experience to expedite case disposals. Article 224A of the Indian Constitution allows the Chief Justice of a High Court to request the President to appoint a retired judge from the same or another High Court to serve temporarily. These ad hoc judges possess the same powers, jurisdiction, and privileges as sitting judges.
In January 2025, the Supreme Court had already directed High Courts to consider appointing retired judges on an ad hoc basis to specifically address the backlog of pending criminal appeals. This directive supplemented a 2021 judgment that initially proposed the idea of ad hoc judges under Article 224A. The court clarified that these appointments could be made regardless of existing vacancies within the court. While the 2021 order included certain conditions, such as the extent of the backlog or the rate of new cases, the Supreme Court later relaxed these conditions, emphasizing the urgency of the situation.
However, despite the Supreme Court's directives, many High Courts have been hesitant to recommend names for ad hoc judge appointments. As of June 2025, no High Court collegiums had submitted proposals to the Union Law Ministry. This reluctance persists despite the authorization for High Courts to appoint retired judges up to 10% of their sanctioned strength to tackle over 18 lakh pending criminal cases.
Several factors contribute to the extensive backlog in Indian courts. These include the complexity of cases, the nature of evidence presented, cooperation (or lack thereof) from lawyers and investigating agencies, the availability of witnesses and litigants, and inadequate infrastructure and court staffing. Moreover, vacant judicial positions exacerbate the problem. In 2022, there were only 14.4 judges per million people in India, compared to significantly higher numbers in Europe (210) and the United States (150). The appointment process for judges can also be lengthy, further contributing to the vacancies.
The reappointment of retired judges offers a potential solution to alleviate the burden on the existing judiciary and accelerate the resolution of pending cases. By utilizing this "talent pool," the courts can improve efficiency and ensure more timely access to justice for the millions of individuals awaiting their day in court. It remains to be seen whether the High Courts will embrace this approach and actively pursue the appointment of ad hoc judges to address the critical issue of judicial backlog.
