The Constitution of India
Article 224A
Appointment of retired Judges at sittings of High Courts
Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.
Why this exists
High Courts in India often face heavy backlogs of pending cases with too few sitting judges. Article 224A gives a flexible, quick way to temporarily add experienced retired judges to the bench without going through the lengthier process of fresh judicial appointments, while keeping checks (President's consent, judge's own consent) to prevent misuse.
How courts read it
For decades this provision was rarely used. In 2021, in Lok Prahari v. Union of India, the Supreme Court noted the massive pendency of cases in High Courts and directed that Article 224A be actively invoked. It laid down a structured procedure — including how many ad hoc judges each High Court could have (roughly up to 20% of sanctioned strength), how they should be selected, and that they should mainly handle long-pending cases — to make the provision practically effective rather than dormant.
Common misconceptions
- Myth: A retired judge can be ordered back to work under Article 224A.
Fact: The Article's proviso makes clear the retired judge's consent is essential; they cannot be compelled to serve again. - Myth: A judge appointed under Article 224A becomes a full High Court judge again.
Fact: The judge gets the same jurisdiction and powers while sitting, but is not otherwise deemed a regular High Court judge — for instance, this doesn't restore permanent tenure or seniority.