Appointment of additional and acting Judges
(1) If by reason of any temporary increase in the business of a 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, in consultation with the National Judicial Appointments Commission, appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.
(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, in consultation with the National Judicial Appointments Commission, 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.
Version 1
Article 200, Draft Constitution of India 1948
Notwithstanding anything contained in this Chapter, the Chief Justice of a High Court may at any time, subject to the provisions of this article, request any person who has held the office of a judge of that court to sit and act as a judge of the court, and every such person so requested shall, while so sitting and acting, have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a judge of that court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a judge of that court unless he consents so to do.
Version 2
Article 224, Constitution of India 1950
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 a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:
Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.
Summary
Draft Article 200 (Article 224) was debated on 7th June 1949. It provided for the appointment of additional and acting judges to the High Courts.
A member proposed to amend the Draft Article so that the Chief Justice of a High Court had to obtain the consent of the President in order to appoint additional and acting judges. He argued that recalling a retired judge to the Bench amounted to a new appointment; since the President was the appointing authority for the judiciary, no judge should be called back to the Bench without his consent. In response, one member argued that the Chief Justice would be more familiar with the abilities of retired justices and that there was no reason to involve the President in the day-to-day administration of the Court. This amendment was adopted.
The Chairman of the Drafting Committee proposed a minor amendment to the language of the Draft Article. This was also adopted by the Assembly with little debate.