How does the NJAC ensure that the appointment of an ad hoc judge maintains the independence of the judiciary?
The NJAC ensures that the appointment of an ad hoc judge maintains the independence of the judiciary by following a specific procedure. First, it requires a reference from the Chief Justice of India when there is not enough quorum in the Supreme Court to hold or continue a session. Next, the NJAC consults with the Chief Justice of the High Court concerned before requesting the attendance of a qualified Judge from a High Court as an ad hoc judge. The appointed judge then attends the sittings of the Supreme Court and holds the same jurisdiction, powers, privileges, and duties as a regular judge during their time at the Supreme Court. This ensures that the process for appointing ad hoc judges maintains the independence of the judiciary by involving key stakeholders in the decision-making process and providing clear guidelines for the ad hoc judge's role and responsibilities.