Article 224A and Article 225 of the Constitution of India
Article 224A deals with the sitting and acting of retired High Court Judges, while Article 225 preserves the jurisdiction, law administered and judicial powers of existing High Courts, subject to the Constitution and laws validly made by the appropriate Legislature.
These provisions form part of the constitutional framework governing High Courts. Article 224A provides a mechanism for a retired Judge to sit and act as a Judge of a High Court when the constitutional requirements are satisfied. Article 225 principally continues the pre-Constitution jurisdiction and powers of existing High Courts, but expressly makes that continuity subject to the Constitution and competent legislation.
Article 224A - Appointment of retired Judges at sittings of High Courts
Article 224A provides:
Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State. A person so requested, while sitting and acting, is entitled to allowances determined by the President and has the jurisdiction, powers and privileges of a Judge of that High Court, but is not otherwise deemed to be a Judge of that High Court.
The proviso makes clear that a retired Judge cannot be required to sit and act unless that person consents.
What Article 224A means
The expression "Notwithstanding anything in this Chapter" gives Article 224A an overriding operation within the relevant Chapter to the extent necessary for its subject. The constitutional power is exercised by the Chief Justice of the High Court, requires the previous consent of the President, and applies to a person who has previously held office as a Judge of that High Court or another High Court.
The retired Judge's own consent is also indispensable. During the period of sitting and acting, the person exercises the jurisdiction, powers and privileges of a Judge of that High Court, while the Constitution preserves the distinction between such service and a regular appointment to the office.
Supreme Court guidance on Article 224A
In Lok Prahari through its General Secretary S.N. Shukla v. Union of India, decided on 20 April 2021, the Supreme Court addressed Article 224A in the context of High Court arrears and vacancies. The Court described Article 224A as a constitutional provision capable of being activated to help address case backlogs and laid down guidance for its use. The decision is important for understanding the contemporary operation of Article 224A; the constitutional text itself remains controlling.
Article 225 - Jurisdiction of existing High Courts
Article 225 provides in substance:
Subject to the Constitution and to any law of the appropriate Legislature made under constitutional authority, the jurisdiction of and law administered in an existing High Court, together with the respective powers of its Judges in the administration of justice - including rule-making powers and regulation of sittings, single Judges and Division Courts - continue as they stood immediately before the commencement of the Constitution.
The proviso removes the former restriction on the exercise of original jurisdiction by High Courts in matters concerning revenue or acts ordered or done in its collection.
Meaning and scope of Article 225
Article 225 is a provision of constitutional continuity. It did not freeze High Court jurisdiction permanently as it existed before 26 January 1950. The opening words make the continued jurisdiction and powers subject to the Constitution and to laws made by the competent Legislature under constitutional authority.
The provision also expressly recognises institutional powers connected with the administration of justice, including the making of court rules and regulation of sittings by Judges sitting singly or in Division Courts.
Difference between Article 224A and Article 225
Article 224A concerns judicial strength and permits a qualified retired High Court Judge, subject to the constitutional consents, to sit and act as a Judge. Article 225 concerns the jurisdiction and institutional judicial powers of existing High Courts and preserves them subject to the Constitution and competent legislation.
Related constitutional provisions
For the surrounding High Court framework, see the provisions on Articles 214, 215 and 216, Articles 217 and 218, Articles 219, 220 and 221, and Articles 222, 223 and 224.
This page is intended as general legal information. The official constitutional text and binding judicial decisions should be consulted for legal proceedings or professional advice.