ARTICLE 222, 223, 224 OF CONSTITUTION OF INDIA 1949

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.

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