Part VI: The States
Chapter V - The High Courts in the States
Article 224A: Appointment of Retired Judges at Sittings of High Courts
Original Article:
(224A) Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State, with the prior consent of the President, may request a retired judge to sit and act as a Judge of that High Court.
Explanation:
Article 224A allows the Chief Justice of a High Court, with Presidential consent, to appoint retired judges temporarily to address caseload surges or specialized judicial needs. This ensures the judicial system remains efficient and accessible.
Clause Headings:
1. Requesting Retired Judges
The Chief Justice, with prior Presidential consent, may appoint a retired judge to temporarily serve in a High Court.
2. Consent of Retired Judges
The retired judge must agree to serve voluntarily, respecting the independence and dignity of their position.
3. Allowances and Privileges
Appointed retired judges receive allowances as determined by the President, ensuring fair compensation during their tenure.
Historical Significance:
Article 224A reflects the judiciary’s adaptability, allowing experienced judges to handle complex or increased caseloads post-retirement, ensuring continuity and expertise.
Real-Life Examples:
During the COVID-19 pandemic, retired judges were appointed in various High Courts to address an unexpected increase in disputes and cases, exemplifying the practical application of Article 224A.
Frequently Asked Questions (FAQs):
The Chief Justice of the respective High Court proposes the appointment, which requires the prior consent of the President.
Yes, retired judges must consent to their appointment under Article 224A; it is not mandatory.
The allowances are determined by the President, ensuring fair compensation during their temporary service.
Debates and Deliberations:
During the debates on Article 224A, several perspectives were shared:
- Dr. B. R. Ambedkar emphasized the need for experienced judges to manage temporary caseload increases, balancing efficiency with judicial integrity.
- Prof. Shibban Lal Saksena supported the provision but highlighted the importance of fair compensation for retired judges to encourage their participation.
- Shri K. M. Munshi pointed out the necessity of preserving judicial independence while leveraging the expertise of retired judges.
- Discussions included concerns about over-reliance on retired judges and the potential impact on younger judges' opportunities.
The provision was ultimately adopted with safeguards to maintain the voluntary nature of appointments and ensure transparency.