The Constitution of India
Article 224
Appointment of additional and acting Judges
(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.
Why this exists
High Courts often face backlogs or temporary staff shortages. The Constitution framers wanted a flexible mechanism to add judicial capacity quickly without going through the full process of permanent appointments, while still keeping these appointments temporary and time-bound to preserve judicial independence and orderly administration.
How courts read it
In cases like S.P. Gupta v. Union of India (1981, the 'First Judges Case'), the Supreme Court examined how additional judges are appointed and whether short-term appointments could be misused to pressure judges into favorable rulings for reappointment. Later judgments, especially the Second and Third Judges Cases, reinforced that appointments and extensions of additional judges must follow due process and consultation with the judiciary, to prevent executive overreach.
Common misconceptions
- Myth: Additional judges are less powerful or authoritative than permanent judges.
Fact: While their appointment is temporary, additional judges have the same judicial powers and authority as permanent judges during their tenure. - Myth: Additional judges can be reappointed indefinitely without scrutiny.
Fact: Reappointment requires following due process, and courts have emphasized that decisions on continuation must not be influenced by a judge's rulings, to protect judicial independence.