Constitution of High Courts
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
Version 1
Article 216, Constitution of India 1950
Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint:
Provided that the Judges so appointed shall at no time exceed in number such maximum number as the President may, from time to time, by order fix in relation to that Court.
Summary
Draft Article 192A (Article 216) was debated on 6 June 1949. It was not included in the Draft Constitution, 1948. Instead, the Chairman of the Drafting Committee proposed the insertion of the following:
192A. Constitution of High Courts. Every High Court shall consist of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint:
Provided that the judges so appointed shall at no time exceed in number such maximum as the President may, from time to time, by order fix in relation to that Court.
It laid out the constitution of the High Courts and allowed the President the power to fix the number of judges in each High Court. One member objected to the President having the discretion to decide on the number of Judges in each High Court. He suggested that the President should take this decision in consultation with the Chief Justice of India; however, this suggestion was not accepted.
The Draft Article was adopted on 6 June 1949.