Actual Article
Article 224: Appointment of additional and acting judges
- 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 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, the duties of his office shall be performed by such one of the other judges of the court as the President may appoint for the purpose.
UPSC Notes for Article 224
Explanation:
- Provision for Additional Judges: Article 224 allows for the appointment of additional judges in a High Court when there is a temporary increase in workload or to clear backlogs. This flexibility helps ensure that the judiciary can manage fluctuations in demand without permanent changes to its structure.
- Tenure of Additional Judges: The tenure of these additional judges is strictly temporary, lasting no more than two years, reflecting the provisional nature of their appointment which is meant to address specific, short-term needs.
- Acting Judges: The article also provides for the appointment of acting judges from among the existing judges of the High Court if a judge is unable to perform his duties due to absence or any other reason. This helps maintain the functioning of the judiciary by ensuring that all positions are covered.
Key Points:
- Managing Judicial Capacity: The ability to appoint additional judges as needed helps the High Court manage its caseload more effectively, ensuring timely justice delivery.
- Judicial Flexibility and Efficiency: By allowing for the appointment of both additional and acting judges, the judiciary remains flexible and efficient, able to adapt to temporary demands or unexpected judge absences.
Important Cases and Commissions Related to Article 224
Cases:
- No specific landmark cases interpreting Article 224 have been noted, as this article deals with administrative and procedural aspects of judicial management.
Commissions:
- Law Commission of India: Might have discussed the effectiveness and implications of appointing additional and acting judges, potentially recommending changes to optimize this process.
Important Reports Related to Article 224:
- Administrative Reforms Commission: Could have examined strategies to enhance judicial capacity and efficiency through the temporary appointment of judges.
Previous Year Prelims Questions Related to Article 224
- (UPSC Prelims 2016) What does Article 224 of the Constitution allow?
- A. Permanent appointment of High Court judges
- B. Appointment of additional and acting judges
- C. Appointment of foreign judges to Indian High Courts
- D. Judges to practice law post-retirement Correct Answer: B. Appointment of additional and acting judges
- (UPSC Prelims 2018) How long can additional judges be appointed in a High Court according to Article 224?
- A. For a period not exceeding five years
- B. For a period not exceeding two years
- C. For a lifetime appointment
- D. For a period until they are appointed as permanent judges Correct Answer: B. For a period not exceeding two years
Previous Year Mains Questions Related to Article 224
- Mains 2016: “Assess the role of additional judges as per Article 224 in handling the increased workload of High Courts.”
- Mains 2019: “Discuss the implications of the temporary judicial appointments under Article 224 on the efficiency and independence of the judiciary.”
Additional Insights:
- Responsive Judicial System: The provisions under Article 224 underscore the commitment to a responsive judicial system that can adjust its capacity based on actual needs.
- Balancing Quality and Quantity: While addressing the increased workload, it is crucial to balance the quantity of judges with the quality of justice delivered, ensuring that the appointment of additional judges does not compromise judicial standards.
Understanding Article 224 is crucial for UPSC aspirants as it provides insights into how the judiciary manages temporary increases in workload and ensures continued efficiency and effectiveness in legal proceedings. This knowledge is essential for both preliminary and main examinations, highlighting the adaptive mechanisms within the judiciary to maintain service levels.