In a significant and unprecedented move aimed at addressing judicial vacancies and pendency, the Supreme Court Collegium has recommended the appointment of five retired judges as ad hoc Judges of the Allahabad High Court. The decision was taken during the Collegium meeting held today, February 3, 2026.
Collegium Recommendation
The Collegium has approved the proposal for the appointment of these retired judges under Article 224-A of the Constitution of India. The appointment is recommended for a tenure of two years.
The five retired judges recommended for appointment as ad hoc Judges are:
- Shri Justice Mohd. Faiz Alam Khan
- Shri Justice Mohd. Aslam
- Shri Justice Syed Aftab Husain Rizvi
- Smt. Justice Renu Agarwal
- Smt. Justice Jyotsna Sharma
Legal Context: Understanding Article 224-A
The recommendation is made in terms of Article 224-A of the Constitution, a provision often described as a dormant power within the constitutional framework aimed specifically at tackling judicial arrears.
Key Features of Article 224-A:
- Appointment of Retired Judges: It allows the Chief Justice of a High Court for any State, with the previous consent of the President, to request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State.
- Purpose: This article is a special provision designed to utilize the experience and expertise of retired judges to clear heavy backlogs of cases, known as the “docket explosion.” It is distinct from the appointment of ‘Additional Judges’ under Article 224.
- Status and Powers: While sitting and acting as a judge under this article, the appointee is entitled to such allowances as the President may determine. Crucially, they possess all the jurisdiction, powers, and privileges of a Judge of that High Court. However, they are not deemed to be a Judge of that High Court for purposes such as seniority or transfer.
- Activation: The Supreme Court, in the landmark Lok Prahari judgment (2021), laid down guidelines for the activation of this article, emphasizing it as a necessary measure when pendency crosses certain thresholds.
This provision is effectively utilized here to bolster the judicial strength of the Allahabad High Court, which faces one of the highest caseloads in the country.
The recommendation now moves to the Central Government for final approval and notification.
