Part VI - The States • Article

Article 224A Simplified: Appointment of retired Judges at sittings of High Courts

Article 224A provides a mechanism to recall retired judges to help clear High Court cases. The Chief Justice of a High Court, with the prior consent of the President, can request a retired High Court judge to temporarily sit and act as a judge of that court. The retired judge receives allowances determined by the President and enjoys all the powers of an active judge, but is not counted towards the court's official judge strength. Their participation must be entirely voluntary.

Official Text

Notwithstanding anything in this Chapter, [the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may with the previous consent of the President], request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court: Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.]

Simple Meaning

Explain Like Ten

If a High Court has a huge pile of old cases, the Chief Justice of the state can ask a retired judge to temporarily come back and help hear cases. The retired judge must agree to do this, and the President must approve it.

Student Mode

Article 224A introduces an ad-hoc mechanism to recall retired High Court judges (either from the same or another High Court) to sit and act as judges of the High Court. Such appointments require the previous consent of the President and the voluntary consent of the retired judge. While serving, they hold all jurisdiction and privileges of an active judge but are not deemed a standard judge of the court.

Example

To clear a 10-year-old backlog of land disputes in the Allahabad High Court, the Chief Justice, after obtaining the President's consent, invites a recently retired judge of that court to sit on a special bench. The retired judge agrees, receives allowances determined by the President, and hears cases. However, they are not counted as part of the permanent judge strength under Article 216.

Key Takeaway

Article 224A allows retired judges to voluntarily return and temporarily sit on High Court benches with the President's consent to help clear backlogs.

FAQs

Is a retired judge forced to serve if requested under Article 224A?

No. The proviso explicitly states that their consent is mandatory; they cannot be compelled to sit and act as a judge.

Who determines the allowances of an ad-hoc judge under Article 224A?

The President of India determines their allowances by order.

Does an ad-hoc judge increase the permanent strength of the High Court?

No, they enjoy the powers and jurisdiction of a judge but are not counted as part of the permanent cadre strength.

Quiz

Whose prior consent is required to request a retired judge to sit in a High Court?

Answer: The President of India

Can a retired judge be forced to act as a judge under Article 224A?

Answer: No, their voluntary consent is required