Lucknow: The High Court Bar Association (HCBA), Allahabad, has formally objected to the Supreme Court Collegium’s proposal to appoint retired judges as ad-hoc judges in the Allahabad High Court, citing concerns over constitutional validity and merit.
In a detailed letter to the President of India, the HCBA labelled the move “picked out of the blue” and urged reconsideration, arguing that the selected names lack the ability to clear case backlogs and that the process undermines proper judicial appointments.
Background of the Supreme Court Collegium Ad Hoc Appointments Row
On February 3, 2026, the Supreme Court Collegium — led by the Chief Justice of India — recommended putting five retired Allahabad High Court judges on duty as ad-hoc judges under Article 224-A of the Constitution for two years.
This move is meant to help address the backlog of cases in the Allahabad High Court and strengthen judicial capacity under constitutional provisions invoked only rarely.
HCBA’s Formal Representation in Supreme Court Collegium Ad Hoc Appointments Row
The Allahabad HCBA, in a representation dated February 5, 2026, addressed to the President of India, Union Law Minister, and the Chief Justice of India, challenged both the process and the choices.
Key points from the HCBA’s objections include:
- Violation of Article 224-A: The HCBA claimed that the Collegium’s action contradicts the text of Article 224-A, which makes the Chief Justice of the High Court the primary authority to request ad-hoc appointments, subject to the President’s consent.
- Questionable Merit of Names: The letter states the proposed judges were “picked out of the blue” without a transparent or merit-based selection from available retired judges.
- Lack of Confidence in Case Disposal: The association noted that the selected retired judges have historically delivered relatively fewer judgments, questioning their ability to reduce case backlog effectively.
- Preference for Regular Appointments: HCBA argued that instead of ad-hoc posts, regular appointments should be made to fill judicial vacancies through established procedures.
What is Article 224-A
Article 224-A of the Constitution allows retired High Court judges to act temporarily as judges when vacancies or workload justifies it, subject to certain conditions:
- The Chief Justice of the concerned High Court must request such help.
- The President’s prior consent is required.
- The retired judge must personally consent.
This provision is rarely used and is intended only as a temporary measure to manage shortages or heavy workloads in High Courts.
Why the HCBA is Concerned
The HCBA’s objections focus on two main issues:
1. Constitutional Procedure
The Association says the Collegium’s move bypassed the High Court’s own Chief Justice’s role under Article 224-A, and instead implemented decisions centrally without proper consultation.
2. Selection and Merit
HCBA emphasised that courts need judges who can actively and efficiently dispose of cases. It questioned the past performance records of the selected retirees and urged that recent retirees with stronger case disposal records should have been considered.
