Part VI - The States • Article

Article 224 Simplified: Appointment of additional and acting Judges

Article 224 allows the President to appoint temporary judges to manage High Court workloads. Under clause (1), 'additional judges' can be appointed for up to 2 years to handle sudden increases in cases or backlogs. Under clause (2), 'acting judges' can be appointed when a permanent judge is temporarily absent, ill, or serving as acting Chief Justice. No additional or acting judge can continue in office after reaching the age of 62.

Official Text

(1) 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, [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. (2) 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. (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of [sixty-two years].]

Simple Meaning

Explain Like Ten

If a High Court gets super busy with too many cases, the President can appoint temporary 'additional judges' for up to two years to help out. If a judge is sick or on leave, the President can appoint an 'acting judge' to cover for them. But these temporary judges must retire by age 62.

Student Mode

Article 224 deals with temporary judicial appointments to manage backlogs and vacancies. The President can appoint qualified persons as additional judges for a maximum period of two years if case arrears increase. Acting judges are appointed to cover temporary absences of permanent judges. No additional or acting judge can serve beyond the age of 62.

Example

Due to a massive backlog of civil cases in the Kerala High Court, the President appoints three senior advocates as additional judges for a fixed term of 18 months under Article 224(1). If one of these judges reaches the age of 62 during this term, they must retire immediately, even if the 18 months are not yet complete.

Key Takeaway

Article 224 enables the appointment of temporary additional judges (up to 2 years for backlogs) and acting judges, subject to a strict retirement age limit of 62.

FAQs

What is the maximum tenure for an additional judge of a High Court?

Two years, though they can be re-appointed or subsequently made permanent judges.

What is the retirement age for additional or acting High Court judges?

62 years, which is the same as that for permanent High Court judges.

Why are additional judges appointed?

To handle a temporary increase in court business or clear accumulated backlogs (arrears of work).