Context: President of India in exercise of the power conferred under Article 217 of the Constitution of India, appointed 28 Additional Judges as Judges of the Allahabad High Court.
Article 217 (1): Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the chief Justice, the chief Justice of the High court.
Article 224: Appointment of additional and acting Judges
Acting Chief Justice: The President can appoint a judge of a high court as an acting chief justice of the high court when
- The office of chief justice of the high court is vacant or
- The chief justice of the high court is temporarily absent or
- The chief justice of the high court is unable to perform the duties of his office.
Additional and Acting Judges: The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when
- There is a temporary increase in the business of the high court
- There are arrears of work in the high court.
The President can also appoint a duly qualified person as an acting judge of a high court when a judge of that high court (other than the chief justice) is
- Unable to perform the duties of his office due to absence or any other reason or
- Appointed to act temporarily as chief justice of that high court.
An acting judge holds office until the permanent judge resumes his office. However, both the additional or acting judge cannot hold office after attaining the age of 62 years.
- At any time, the chief justice of a high court of a state can request a retired judge of that high court or any other high court to act as a judge of the high court of that state for a temporary period.
- He can do so only with the previous consent of the President and also of the person to be so appointed.
- Such a judge is entitled to such allowances as the President may determine.
- He will also enjoy all the jurisdiction, powers and privileges of a judge of that high court.
- But, he will not otherwise be deemed to be a judge of that high court.