📜 Article 224 of the Indian Constitution
Title: Appointment of Additional and Acting Judges in High Courts
🔹 Text Summary:
Article 224 allows the President of India to appoint:
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Additional Judges – to handle temporary increases in the workload of a High Court.
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Acting Judges – when a permanent judge is temporarily absent (due to leave, illness, etc.).
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | If the workload in a High Court increases temporarily or there are arrears of cases, the President may appoint Additional Judges for a maximum of 2 years. |
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Appointed after consultation with the Chief Justice of India (CJI) and the Governor of the concerned State. |
| (2) | If a judge is absent or unable to perform duties, the President may appoint an Acting Judge. -
Acts as a judge until the regular judge resumes duties.
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Also requires consultation with the CJI and Governor. |
🧠 Key Takeaways:
| 🔑 Feature | ✅ Detail |
|---|---|
| Who appoints? | President of India |
| In consultation with | Chief Justice of India and Governor of the State |
| Additional Judges | Handle temporary case backlog; term up to 2 years |
| Acting Judges | Appointed when a judge is on leave or absent |
| Tenure | Additional – max 2 years, Acting – till regular judge resumes |
| Qualification | Same as permanent judges (as per Article 217) |
🏛️ Real-Life Example:
If the Bombay High Court is burdened with a large number of pending cases, the President can appoint 3 additional judges for up to 2 years, after consulting the CJI and Governor of Maharashtra.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 217 | Appointment of permanent High Court judges |
| 222 | Transfer of High Court judges |
| 223 | Appointment of Acting Chief Justice |
| 224 | Appointment of Additional and Acting Judges |
| 224A | Appointment of retired judges as ad hoc judges |
⚠️ Why Important?
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Helps in clearing case backlogs.
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Ensures judicial continuity when regular judges are unavailable.
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Maintains the efficiency and credibility of High Courts.
Here is a 📊 comparison chart of Permanent, Additional, and Acting Judges in the High Courts under Articles 217 and 224 of the Indian Constitution:
🏛️ Types of High Court Judges: Comparison Chart
| 🔹 Feature | 🧑⚖️ Permanent Judge | 🧑⚖️ Additional Judge | 👨⚖️ Acting Judge |
|---|---|---|---|
| Constitutional Article | Article 217 | Article 224(1) | Article 224(2) |
| Purpose | Regular judge of the High Court | Handle temporary workload or case backlog | Temporarily fills in for an absent judge |
| Appointed By | President of India | President of India | President of India |
| Consultation With | CJI, Governor, Chief Justice of HC | CJI, Governor, Chief Justice of HC | CJI, Governor, Chief Justice of HC |
| Term / Tenure | Till age 62 years | Max 2 years | Till regular judge resumes duty |
| Qualification | Same for all – as per Article 217(2) | Same as Permanent Judge | Same as Permanent Judge |
| Salary and Powers | Full salary and powers | Same as Permanent Judge | Same as Permanent Judge |
| Can become Permanent Judge? | Already permanent | ✅ Yes (may be elevated if recommended) | ❌ No – purely temporary |
| Common Use Case | Regular judge in judicial roster | High caseload, pendency, temporary vacancies | Leave, illness, or temporary absence of a judge |
🧠 Summary in Simple Words:
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🧑⚖️ Permanent Judge – Regular, long-term judge till retirement at 62.
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🧑⚖️ Additional Judge – Appointed temporarily for up to 2 years when there are too many pending cases.
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👨⚖️ Acting Judge – Steps in temporarily when another judge is on leave or sick.
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