Part VI: The States
Chapter V - The High Courts in the States
Article 216: Constitution of High Courts
Original Article:
(216) Constitution of High Courts — Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
Amendments:
1 Proviso omitted by the Constitution (Seventh Amendment) Act, 1956, s. 11 (w.e.f. 1-11-1956).
Explanation:
Article 216 defines the structure of High Courts, mandating a Chief Justice and allowing the President to appoint additional judges as needed to meet judicial demands. This flexibility ensures effective administration of justice in response to fluctuating workloads.
Key Points:
1. Constitution of High Courts
Each High Court is headed by a Chief Justice, with additional judges appointed by the President as deemed necessary, ensuring judicial efficiency and responsiveness to caseloads.
2. Presidential Authority on Appointments
The President’s discretion in appointing High Court judges emphasizes adaptability in addressing the varying demands of different states’ judicial systems.
Historical Significance:
The concept of High Courts dates back to the High Courts Act of 1861. Article 216 builds on this legacy, adapting the structure of High Courts to align with India’s evolving judicial requirements, particularly after the Seventh Amendment Act of 1956.
Real-Life Examples:
1. Allahabad High Court: With one of the highest caseloads, the President frequently appoints additional judges to manage the workload effectively under Article 216.
2. Judicial Reorganization: Post-1956, reorganization of states led to adjustments in the composition of High Courts, demonstrating the flexibility of Article 216.
Debates and Deliberations:
On June 6, 1949, Dr. B.R. Ambedkar introduced Article 192-A (later Article 216) during the Constituent Assembly discussions. This article proposed the structure of High Courts with a Chief Justice and other judges appointed by the President.
Prof. Shibban Lal Saksena raised a concern, advocating that the Supreme Court should play an advisory role in determining the number of judges for each High Court. He argued that judicial expertise was crucial for assessing the needs of various states. However, Dr. Ambedkar countered this suggestion, stating that the President, with advice from the Council of Ministers, was adequately equipped to decide the judiciary's composition while maintaining flexibility.
The Assembly acknowledged the importance of balancing flexibility and judicial independence. After deliberations, Dr. Ambedkar's proposal was adopted, empowering the President to adjust the composition of High Courts based on administrative and judicial requirements.
References:
- The Constitution (Seventh Amendment) Act, 1956.
- High Courts Act, 1861.
- Constituent Assembly Debates on the judiciary.