What is Transfer of a Judge from one High Court to another? What is the procedure for Appointment of acting Chief Justice? What is the procedure for Appointment of additional and acting Judges? Article 222, 223 and 224 of Constitution of India, 1949
Transfer of a Judge from one High Court to another, Appointment of acting Chief Justice and Appointment of additional and acting Judges are defined under Article 222, 223 and 224 of Constitution of India 1949. Provisions under this Article are:
Article 222 of Constitution of India "Transfer of a Judge from one High Court to another"
(1) The President may, after consultation with the Chief
Justice of India, transfer a Judge from one High Court to
any other High Court.
(2) When a Judge has been or is so transferred, he shall,
during the period he serves, after the commencement of the
Constitution (Fifteenth Amendment) Act, 1963, as a Judge of
the other High Court, be entitled to receive in addition to
his salary such compensatory allowance as may be determined
by Parliament by law and, until so determined, such
compensatory allowance as the President may by order fix.
Article 223 of Constitution of India "Appointment of
acting Chief Justice"
When the office of Chief Justice of High Court is vacant or
when any such Chief Justice is, by reason of absence or
otherwise, unable to perform the duties of his office, the
duties of the office shall be performed by such one of the
other Judges of the Court as the President may appoint for
the purposes.
Article 224 of Constitution of India "Appointment of
additional and acting Judges"
(1) If by reason of any temporary increase in the business
of 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 appoint duly qualified persons to be
additional Judges of the Court for such period not exceeding
two years as he may specific.
(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
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.