Part VI: The States
Chapter V - The High Courts in the States
Article 224: Appointment of Additional and Acting Judges
Original Article:
(224) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, he may appoint additional Judges.
Explanation:
Article 224 of the Constitution allows for the temporary appointment of additional or acting Judges to address the High Courts' workload and ensure judicial efficiency. This provision ensures timely dispensation of justice during periods of increased case backlogs or temporary absences.
Clause Headings:
1. Additional Judges for Temporary Workload
The President may appoint additional judges for a period not exceeding two years to handle a temporary surge in cases.
2. Acting Judges for Temporary Absences
If a judge is unable to perform duties due to temporary reasons, the President can appoint an acting judge to ensure continuity in court operations.
3. Retirement Age of Judges
The retirement age for additional and acting judges is set at sixty-two, as per the Constitution (Fifteenth Amendment) Act, 1963.
Historical Significance:
The provision reflects the framers' commitment to maintaining an efficient judiciary capable of adapting to increased workloads and ensuring uninterrupted judicial functioning.
Real-Life Examples:
High Courts in states with significant backlogs, such as Uttar Pradesh, have utilized Article 224 to appoint additional judges, facilitating quicker resolution of pending cases.
Frequently Asked Questions (FAQs):
Additional judges can be appointed for a maximum period of two years to address temporary increases in the court's workload.
Yes, acting judges can be considered for permanent appointments based on the recommendations of the collegium system.
The retirement age for acting judges is sixty-two years, as per the Constitution (Fifteenth Amendment) Act, 1963.
Debates and Deliberations:
During the debates on Article 224 (then Article 200), several key points were discussed:
- Shri Jaspat Roy Kapoor proposed involving the President in appointing acting judges, emphasizing the need for oversight and approval for temporary appointments to maintain balance and accountability.
- Prof. Shibban Lal Saksena supported the proposal, highlighting its importance in managing surges in judicial workload without compromising judicial independence.
- Dr. B. R. Ambedkar clarified the article's intent to address temporary needs without creating long-term appointments, reinforcing the judiciary's operational flexibility.
- Debates emphasized the need for compensatory allowances for judges transferred temporarily, which was later included in the provision to ensure fairness.
The discussions concluded with a consensus on the importance of Article 224 in ensuring uninterrupted judicial functioning, and it was adopted with minor amendments to address members' concerns.