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Article 224

Appointment of Additional and Acting Judges

Official heading: “Appointment of additional and acting Judges.”

Check this article against the official editionAwaiting human legal review
Source edition
The Constitution of India (as on 1 May 2026)
Source locator
Part VI, Article 224, printed pages 102–103
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1. In One Sentence

Article 224 empowers the President to appoint duly qualified persons as Additional Judges for up to two years to clear arrears of work, and Acting Judges during temporary judicial absences, up to age sixty-two.

2. What It Means in Everyday Language

Article 224 provides the constitutional mechanism for handling temporary surges in court workload and sessional judicial absences in High Courts.

Additional Judges (Clause 1): If by reason of any temporary increase in business or arrears of work in a High Court, it appears to the President that the number of judges should be increased, the President may appoint duly qualified persons to be Additional Judges for a period not exceeding two years.

Acting Judges (Clause 2): When any permanent Judge (other than the Chief Justice) is temporarily absent or unable to act, the President may appoint a qualified person to act as a Judge until the permanent Judge resumes duty.

Age Limit (Clause 3): No person can be appointed or hold office as an Additional or Acting Judge after attaining the age of sixty-two years.

3. Practical Illustrative Example

Everyday Scenario:

A prominent trial advocate is elevated to the High Court bench as an Additional Judge for a two-year tenure.

Core takeaway: Under Article 224(1), the appointment is made for up to two years to tackle judicial arrears, typically followed by confirmation as a permanent judge under Article 217 based on collegium performance review.
Illustrative Notice: An Additional Judge exercises identical judicial powers to a permanent judge, but must retire upon reaching 62 years.

4. Important Limits, Qualifications & Exceptions

Article 224 provides judicial flexibility to address case backlogs in High Courts.

  • Additional Judges appointed for maximum term of two years.
  • Acting Judges appointed to cover temporary vacancies of permanent judges.
  • Appointees must meet full qualifications under Article 217(2).
  • Strict age ceiling of sixty-two years under Clause (3).

5. Operative Constitutional Text

(1) 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. (2) 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 or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties. (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 224, printed pages 102–103 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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