The Supreme Court on Thursday said it was open to the direct appointment of ad hoc judges in various high courts to tide over the backlog of over 3.51 crore cases.

Of these, over 80 lakh cases are pending at the various high courts and trial courts for the past five to 20 years.

Article 224A of the Constitution empowers the President, acting in consultation with the Chief Justice of India, to appoint retired judges of high courts as ad hoc or acting judges of high courts.

“This is constitutional provision and this provision is not being used. We will lay down guidelines stating that if pendency goes beyond a certain limit for say more than eight or 10 years, then the chief justice will automatically recommend the appointment of ad hoc judges,” Chief Justice of India S.A. Bobde told attorney-general K.K. Venugopal.