Article 216

The framers wanted High Courts to be flexible institutions that could grow or adjust their strength based on the actual workload of cases in each state, rather than being locked into a fixed number of judges by the Constitution. This lets the number of judges expand as litigation increases, without needing a constitutional amendment every time more judges are required.

Courts have generally read this Article together with Article 217 (which deals with appointment and conditions of service of judges) and have clarified that while the President formally appoints judges, this power is exercised on the advice of the Council of Ministers and involves consultation with the Chief Justice of India and other constitutional functionaries, especially after the Second and Third Judges Cases which established the collegium system for judicial appointments.

• Myth: The Constitution fixes an exact number of judges for each High Court.
  Fact: The Constitution does not fix a number; it lets the President decide from time to time how many additional judges are needed, usually based on workload.
• Myth: The President can appoint judges to a High Court entirely on their own personal discretion.
  Fact: Courts have clarified that this power is exercised on the advice of the Council of Ministers and following a consultation process involving the Chief Justice of India and the collegium system.