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Constitution of India · Part VI: The States · Application of certain provisions relating to Supreme Court

Article 224: Appointment of additional and acting Judges

In plain words

If a High Court's work temporarily increases or has arrears, the President can appoint qualified persons as additional Judges for up to two years. If a Judge is absent or unable to act, or is acting as Chief Justice, the President can appoint a qualified person as an acting Judge until the permanent Judge resumes.

  • No additional or acting Judge can hold office after reaching the age of sixty-two years.
  • The printed text refers to consultation with the National Judicial Appointments Commission. The amendment that inserted that wording was declared unconstitutional by the Supreme Court.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official 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, in consultation with the National Judicial Appointments Commission, 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, in consultation with the National Judicial Appointments Commission, 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].]

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 224