AILU Condemns Ad-Hoc Appointments in Allahabad High Court Amid Rising Case Backlog

New Delhi: The All India Lawyers Union (AILU) has condemned the decision to appoint five retired judges as ad-hoc judges in the Allahabad High Court. The union stated that this is not the remedy for the mounting arrears of cases and that it will not facilitate the speedy disposal of cases. It further stated that this concept is harmful and undermines the principles of an independent and accountable judiciary. AILU called the decision objectionable, particularly as it was taken when 50 vacancies in the Allahabad High Court remain unfilled.

India’s courts face a high number of pending cases. Recent data indicates that approximately six million cases are pending before the country’s High Courts, of which more than 1,820,000 are criminal cases and over four million are civil cases. AILU highlighted that one of the major reasons for the pendency of cases and delays in justice dispensation is the poor judge-to-population ratio and inadequate budgetary allocations to the judiciary.

Currently, India has one of the lowest judge-to-population ratios in the world, with only 21 judges per million people, and even the sanctioned strength is not fully filled. As of February 7, 2025, the National Judicial Data Grid shows that 758,510 criminal appeals are pending across India’s 25 High Courts, with many cases delayed for 20–30 years, leaving prisoners in prolonged detention. The Allahabad High Court alone has 20,502 criminal appeals pending for over 30 years.

Following the Lok Prahari judgment (January 30, 2025), the previous requirement under Article 224A states that 80% of sanctioned judges must be in place before appointing ad-hoc judges has been relaxed, allowing more flexibility in such appointments.

To ensure speedy, quality, and sustainable justice, there must be an increase in the number of subordinate courts and High Court judges, along with a proportional expansion of para-judicial staff, infrastructure, and funding. The selection of judges must remain rigorous, and ad-hoc appointments under Article 224A should not become the norm, as indiscriminate use could compromise judicial independence and the quality of justice. The failure of the collegium and the Union Government to fill even half of Allahabad High Court’s vacancies reflects systemic issues and potential executive interference. Judicial independence, a cornerstone of democracy, must be protected and strengthened.