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

Article 224A: Appointment of retired Judges at sittings of High Courts

In plain words

With the President's consent, a retired Judge of that High Court or any other High Court can be requested to sit and act as a Judge of a High Court. They have the Court's powers while sitting and receive allowances the President fixes, but are not otherwise treated as a Judge of that Court. No one can be required to sit without their consent.

  • The printed text names the National Judicial Appointments Commission as the body making the request. 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

Notwithstanding anything in this Chapter, [the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may 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.]

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 224A