Article 224 of CoI : Article 224: Appointment of additional and acting Judges.
CoI
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Explanation using Example
Example 1:
Scenario: The High Court of Maharashtra is experiencing a significant backlog of cases due to an unexpected surge in litigation following a major economic reform. The Chief Justice of the High Court reports this issue to the President of India.
Application of Article 224:
- The President, after consulting with the National Judicial Appointments Commission (NJAC), decides to appoint additional judges to the High Court of Maharashtra.
- Qualified individuals are appointed as additional judges for a period of one year to help clear the backlog.
- These additional judges will serve for the specified period and will not hold office beyond two years or after attaining the age of sixty-two years.
Example 2:
Scenario: A judge of the High Court of Karnataka is temporarily unable to perform his duties due to a serious illness. Additionally, the Chief Justice of the High Court is on a temporary assignment to the Supreme Court.
Application of Article 224:
- The President, in consultation with the NJAC, appoints a qualified person to act as a judge of the High Court of Karnataka until the ill judge recovers and resumes his duties.
- Another qualified person is appointed to act temporarily as the Chief Justice of the High Court of Karnataka during the Chief Justice's assignment to the Supreme Court.
- These acting judges will serve until the permanent judges return to their duties and will not hold office beyond the age of sixty-two years.
Example 3:
Scenario: The Chief Justice of the High Court of Tamil Nadu identifies a need for additional judicial support due to a temporary increase in complex commercial cases.
Application of Article 224:
- The Chief Justice makes a reference to the NJAC, requesting the appointment of a temporary judge who has previously served in the High Court of Tamil Nadu.
- With the President's consent, the NJAC requests a retired judge to sit and act as a judge of the High Court of Tamil Nadu for a specified period.
- The retired judge, while serving temporarily, receives allowances as determined by the President and exercises all the jurisdiction, powers, and privileges of a High Court judge, but is not considered a permanent judge of the High Court.
Example 4:
Scenario: The High Court of Delhi is facing a temporary increase in its workload due to a series of high-profile public interest litigations.
Application of Article 224:
- The President, after consulting with the NJAC, appoints additional judges to the High Court of Delhi to manage the increased workload.
- These additional judges are appointed for a period of eighteen months.
- They will assist in handling the surge in cases and ensure timely justice, but will not continue in office beyond the specified period or after reaching the age of sixty-two years.