What is Article 224A of Indian Constitution – Defination & Meaning

Article 224A: Appointment of retired Judges at sittings of High Courts Notwithstanding anything in this Chapter, the National Judicial Appointments Commission
📅 Part VI – The States
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Article Number

224A

part

Part VI – The States

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Active

Full Definition & Explanation

Article 224A of the Indian Constitution allows retired judges to be appointed temporarily to High Courts. This provision can be utilized when there is a shortage of judges and the Chief Justice of a High Court seeks assistance. The National Judicial Appointments Commission (NJAC) plays a key role in this process. It can request retired judges to sit and act in the High Court for a state, ensuring that necessary judicial functions can continue without interruption. This mechanism is especially useful in times of judicial backlog, where the timely resolution of cases is critical for justice. The retired judges appointed under Article 224A enjoy all the powers and privileges of regular judges while serving. However, they do not have the designation of a judge, which means they are not part of the ongoing judicial appointments. The article states that these retired judges will receive allowances determined by the President of India, which helps in attracting experienced legal minds back to the bench. This provision allows the judiciary to remain functional and responsive, especially during periods when regular judges are unavailable due to various reasons such as retirement or vacancies. Despite its benefits, the appointment of retired judges is not mandatory. The article makes it clear that retired judges must give their consent before taking up these temporary roles. This ensures that the retired judges are willing to return to service, which is foundational for maintaining their dignity and respect in the legal community. Overall, Article 224A helps maintain the efficiency of the judicial system by allowing flexibility in the appointment of judges, particularly in challenging situations.

Historical Context

This provision can be utilized when there is a shortage of judges and the Chief Justice of a High Court seeks assistance. The National Judicial Appointments Commission (NJAC) plays a key role in this process. It can request retired judges to sit and act in the High Court for a state, ensuring that necessary judicial functions can continue without interruption. This mechanism is especially useful in times of judicial backlog, where the timely resolution of cases is critical for justice.

Key Features

– Article 224A allows retired judges to serve temporarily in High Courts.
– The Chief Justice of a High Court initiates the appointment process.
– Retired judges can act with full jurisdiction and powers while serving.
– Judges appointed under this article do not hold the title of judge.
– Consent from retired judges is necessary for their appointment.

Importance & Impact

– Retired judges can help reduce the backlog of cases in High Courts.
– This provision ensures that justice is delivered in a timely manner.
– Temporary appointments of retired judges maintain judicial operations during vacancies.
– Experienced judges can be reappointed, enhancing judicial efficiency and effectiveness.
– The article provides flexibility in judicial appointments to address urgent needs.

Sample UPSC Question

Consider the following statements regarding Article 224A of the Indian Constitution: 1. It allows retired judges to be appointed temporarily in High Courts. 2. The National Judicial Appointments Commission can request their appointment. 3. Retired judges have all powers but are not considered judges. Which of the statements is/are correct? A) 1 and 2 only B) 2 and 3 only C) 1, 2, and 3 D) None of the above

Answer

The correct answer is C. All statements accurately describe Article 224A. It allows for the temporary appointment of retired judges who can support High Courts as needed. Options A and B are incorrect because they omit the comprehensive details provided in statement 3.

Key Takeaways

✓ Article 224A allows retired judges to assist High Courts temporarily.
✓ Consent from retired judges is required to accept appointments.
✓ This article aims to alleviate judicial backlog effectively.
✓ Retired judges have full jurisdiction during their appointment.
✓ The National Judicial Appointments Commission facilitates this process.

FAQs

Article 224A of the Indian Constitution allows retired judges to be appointed temporarily to High Courts. This provision can be utilized when there is a shortage of judges and the Chief Justice of a High Court seeks assistance. The National Judicial Appointments Commission (NJAC) plays a key role in this process.

However, they do not have the designation of a judge, which means they are not part of the ongoing judicial appointments. The article states that these retired judges will receive allowances determined by the President of India, which helps in attracting experienced legal minds back to the bench. This provision allows the judiciary to remain functional and responsive, especially during periods when regular judges are unavailable due to various reasons such as retirement or vacancies.

The article makes it clear that retired judges must give their consent before taking up these temporary roles. This ensures that the retired judges are willing to return to service, which is foundational for maintaining their dignity and respect in the legal community. Overall, Article 224A helps maintain the efficiency of the judicial system by allowing flexibility in the appointment of judges, particularly in challenging situations.

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Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
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