Article 224 of Indian Constitution: Appointment of additional and acting Judges

Last Updated on Apr 11, 2025
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Article 224 of Indian constitution dealt with the temporary appointment of additional and acting judges by the President of India for not exceeding 2 years in the High Court to help increase workload or manage pending cases. This article also ensures the smooth functioning and efficiency of the High Court. Explore in-depth analysis of other Constitutional Articles.

Overview

Name of the Article

Article 224 of Indian Constitution - Appointment of additional and acting Judges

Part of the Constitutional Article

Part VI

Article 224 of Indian Constitution

Appointment of additional and acting Judges

  • If by reason of any temporary increase in the business of 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,the President may, in consultation with the National Judicial Appointments Commission, appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify .
  • When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may, in consultation with the National Judicial Appointments Commission, appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.
  • No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.

Note: "The information above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders." 

Article 224 of Indian Constitution Simplified Interpretation 

Article 224 of the Indian Constitution appoints temporary High Court judges appointed by the President of India in consultation with the Chief Justice of India to ease the workload of pending cases. These temporary judges' appointments are only for certain periods, which do not exceed more than 2 years, and the objective of this article is to support the judiciary in delivering justice on time. 

Article 224 of Indian Constitution Landmark Cases

Article 224 of the Indian Constitution cited many cases that mentioned the judge's appointment, whether they are temporary judges; some cases include:

  1. S.P. Gupta v. Union of India (1981): This case is referred to as the "Judges Transfer Case," which expresses how important it is for judges to stay independent. It looked at how judges are appointed and moved between courts, calling for clear and fair processes. It also connects to the ideas behind Article 224.
  2. All India Judges Association v. Union of India (1992): This case aimed to improve judges working conditions and improve how efficiently the courts operate. It connects to Article 224 in a way, as this article helps deal with heavy workloads by allowing temporary judge appointments to ensure justice is delivered on time.
  3. Supreme Court Advocates-on-Record Association v. Union of India (1993): This case brought in the "Collegium System" to oversee how judges are appointed, ensuring the judiciary stays independent and works effectively. This case explicitly deals with the appointment of judges, and Article 224 is relevant to it.

Article 224 of Indian Constitution Significance

Article 224 of Indian Constitution manages the High Court's proper functioning by taking care of the judges as when they have overload and pending work, the President of India appoints temporary judges to ease the work, which also helps to deliver justice on time. Here's a simple breakdown:

  1. Efficiency in Justice Delivery: When the High Court is overloaded with pending cases, the President can appoint temporary judges for not more than 2 years to assist in delivering justice on time.
  2. Flexibility of the Judiciary: This provision shows how flexible the Indian Constitution is. It helps High Courts handle a large number of cases efficiently while still maintaining proper legal standards.
  3. Preservation of Quality: Temporary appointments help avoid delays in solving cases, ensuring people continue to trust the courts to provide fair and quick decisions.
  4. Support for Judicial Mechanisms: In this article, the President, after consulting with the Chief Justice of India, appoints additional and temporary judges and is empowered to make appointments for the High Court to help maintain the overload and pending work; the appointment of additional judges will help the proper judicial mechanisms.

Conclusion

Article 224 of Indian Constitution ensures High Court efficiency in delivering justice on time. When the President appoints a temporary extra judge in the High Court, he needs to consult with the Chief Justice of India and with other relevant authorities; otherwise, without consultation, the President is not allowed to make any appointments. This article helps permanent judges to dispose of overloaded and pending cases. Which also helps maintain the judiciary's truthfulness.

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FAQs about Article 224 of Indian Constitution

Article 224 allows the President of India to appoint additional judges to High Courts temporarily to manage increased workloads or pending cases

The tenure of additional judges is temporary and cannot exceed two years.

It ensures judicial efficiency by addressing temporary increases in case backlogs, helping High Courts deliver timely justice.

The President of India appoints additional and temporary judges in consultation with the Chief Justice of India and other relevant authorities.

Yes, it applies to all High Courts across the country.

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