Article 224

Article 224 of the Constitution of India provides for the appointment of additional and acting judges in the High Courts to ensure the smooth administration of justice and effective handling of judicial workload. This provision forms part of Chapter V of Part VI of the Constitution, which deals with the organisation, powers, and functioning of the High Courts in the States.

Constitutional Background and Purpose

The framers of the Constitution recognised the necessity of flexibility in judicial strength to deal with fluctuating workloads in the High Courts. Article 224 was thus included to enable the temporary appointment of judges whenever required. It allows the judiciary to cope with the increase in the volume of cases and to ensure that no delay occurs in the dispensation of justice.
This article acts as a supplement to Article 217, which provides for the appointment of permanent judges, and to Article 222, which deals with the transfer of High Court judges. Together, these provisions establish a comprehensive framework for judicial staffing in the High Courts.

Appointment of Additional Judges (Clause 1)

Under Clause (1) of Article 224, the President of India is empowered to appoint additional judges to any High Court. Such appointments are made when:

• There is a temporary increase in the business of the High Court.
• There are arrears of pending cases that require additional judicial resources.

These judges are appointed after consultation with the Chief Justice of India, the Governor of the concerned State, and the Chief Justice of the respective High Court.
The tenure of an additional judge cannot exceed two years, though such a judge may later be appointed as a permanent judge if a vacancy arises and if found suitable.
This arrangement ensures that the High Courts remain adequately staffed to handle temporary surges in caseloads without compromising on efficiency or the quality of adjudication.

Appointment of Acting Judges (Clause 2)

Clause (2) of Article 224 provides for the appointment of acting judges in a High Court. The President may appoint an acting judge when:

• Any judge of the High Court (other than the Chief Justice) is absent or unable to perform their duties.
• A judge is temporarily appointed as Acting Chief Justice under Article 223.

The appointment of acting judges ensures that judicial work continues seamlessly even when a regular judge is temporarily unavailable. The process also requires consultation with the Chief Justice of India and other constitutional authorities before the appointment is finalised.

Age Limit for Additional and Acting Judges (Clause 3)

According to Clause (3) of Article 224, the maximum age limit for holding office as an additional or acting judge of a High Court is sixty-two years, which is the same as that of a permanent High Court judge.
This provision maintains uniformity in the retirement age of all High Court judges, ensuring consistency in judicial service conditions.

Key Features and Objectives

The key objectives of Article 224 include:

• Enabling High Courts to manage temporary increases in workload effectively.
• Preventing accumulation of case backlogs and judicial delays.
• Maintaining the continuity of judicial functions even during transitional phases.
• Providing administrative flexibility to address temporary vacancies or absences.

Through these features, Article 224 strengthens the High Court system’s ability to respond to caseload variations while preserving the integrity and independence of the judiciary.

Judicial Interpretation and Landmark Judgments

Although Article 224 itself has not been the subject of extensive litigation, several judicial pronouncements have indirectly shaped its application and interpretation within the broader framework of judicial appointments.

• S.P. Gupta v. Union of India (1981): Commonly known as the First Judges’ Case, it elaborated the scope of consultation in judicial appointments and underscored that the opinion of the Chief Justice of India should carry significant weight. The case also addressed issues relating to temporary and acting appointments, affirming the judiciary’s role in maintaining independence from the executive.
• Supreme Court Advocates-on-Record Association v. Union of India (2015): This judgment, which struck down the 99th Constitutional Amendment Act, 2014, and the National Judicial Appointments Commission (NJAC), reaffirmed the Collegium system as the constitutional mechanism for judicial appointments. It highlighted that executive involvement in judicial appointments, even under Article 224, must remain limited to protect judicial independence.

These cases reinforced the principle that while the President formally appoints judges, the judicial consultation process ensures that appointments are made free from political or executive influence.

Historical Context and Evolution

The origin of Article 224 can be traced to the British colonial system, where temporary appointments were made to meet increasing judicial demands. The Constituent Assembly, mindful of the delays in pre-independence judicial systems, incorporated this provision to prevent such issues in post-independence India.
Over time, with the increasing pendency of cases across the High Courts, the use of additional judges has become more frequent. The practice also reflects the need for better judicial manpower planning and a permanent solution to backlog management.

Administrative Practices and Present Relevance

In modern practice, additional judges are often appointed for a two-year term and may subsequently be confirmed as permanent judges based on performance and availability of vacancies. Acting judges, on the other hand, are appointed for shorter durations, often to fill temporary gaps caused by leave, illness, or transfer of regular judges.
Such appointments are typically made through the Collegium system, wherein the Chief Justice of the concerned High Court initiates recommendations, which are then reviewed by the Chief Justice of India and other senior judges before being sent to the President for approval.