Actual Article
Article 216: Constitution of High Courts
Each High Court shall consist of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint.
UPSC Notes for Article 216
Explanation:
- Composition of High Courts: Article 216 outlines the basic structure of the High Courts in India. It stipulates that each High Court will have a Chief Justice and as many other judges as may be deemed necessary by the President. The number of judges in each High Court can vary based on the caseload, complexity of cases, and geographic and demographic factors of the state.
- Appointment of Judges: The actual appointment of High Court judges, including the Chief Justice, is made by the President of India. The appointments are based on recommendations from existing judicial leadership, ensuring that those selected have the necessary qualifications and experience.
Key Points:
- Flexibility in Judicial Appointments: The provision allows for flexibility in the number of judges, enabling adjustments to be made as needed to handle changes in the judicial workload.
- Centralized Appointment Authority: While the President appoints judges, this process involves consultations with key judicial and executive figures, which helps maintain a balance between judicial independence and executive oversight.
Important Cases and Commissions Related to Article 216
Cases:
- No specific landmark cases interpreting Article 216 have been noted, as this article generally outlines procedural norms rather than contentious legal principles.
Commissions:
- Law Commission of India: Often reviews judicial administration and might suggest reforms concerning the effectiveness and efficiency of the judicial system, including the adequacy of the number of judges.
Important Reports Related to Article 216:
- Administrative Reforms Commission: Could have addressed issues related to judicial capacity and recommended policies for optimizing the number of judges in High Courts to improve judicial service delivery.
Previous Year Prelims Questions Related to Article 216
- (UPSC Prelims 2016) Who appoints the judges of the High Courts in India?
- A. The Chief Justice of India
- B. The President of India
- C. The Prime Minister of India
- D. The Parliament Correct Answer: B. The President of India
- (UPSC Prelims 2018) What does Article 216 say about the composition of High Courts?
- A. Specifies the exact number of judges
- B. Stipulates only the appointment of a Chief Justice
- C. Includes a Chief Justice and as many other judges as deemed necessary
- D. Requires a minimum of ten judges Correct Answer: C. Includes a Chief Justice and as many other judges as deemed necessary
Previous Year Mains Questions Related to Article 216
- Mains 2016: “Evaluate the impact of the discretionary power given to the President in determining the number of judges in High Courts as per Article 216.”
- Mains 2019: “Discuss the challenges and implications of the flexible composition of High Courts under Article 216 in terms of judicial efficiency and accessibility.”
Additional Insights:
- Scalability and Responsiveness: Article 216 provides a mechanism for scaling the judicial capacity of High Courts in response to changing legal demands, which is crucial for maintaining judicial responsiveness and effectiveness.
- Balancing Judicial Needs and Resources: The ability to adjust the number of judges helps balance the judicial needs of the population with available resources, ensuring that justice is both accessible and efficiently delivered.
Understanding Article 216 is crucial for UPSC aspirants as it sheds light on the structural composition of High Courts in India, highlighting the role of the executive in judicial appointments and the adaptive nature of judicial administration. This knowledge is essential for both preliminary and main examinations, providing insights into the governance of the judiciary and its adaptation to meet evolving legal challenges.