The President can appoint duly qualified persons as additional judges...
The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when: 1. there is a temporary increase in the business of the high court; or 2. there are arrears of work in the high court.
View all questions of this test
The President can appoint duly qualified persons as additional judges...
The President's power to appoint additional judges of a high court
The President of India has the power to appoint additional judges of a high court for a temporary period not exceeding two years. This power can be exercised under two specific circumstances: when there is a temporary increase in the business of the high court or when there are arrears of work in the high court. Both of these circumstances are mentioned in the Constitution of India under Article 224.
Temporary increase in the business of the high court
When there is a temporary increase in the business of a high court, it means that the court is experiencing a sudden surge in the number of cases being filed, which cannot be handled by the existing judges alone. This could be due to various reasons such as a backlog of cases, sudden increase in litigation, or any other factor that leads to a higher workload for the court. In such situations, the President can appoint additional judges to help alleviate the workload and ensure timely disposal of cases.
Arrears of work in the high court
Arrears of work in a high court refer to the backlog of pending cases that have not been disposed of within a reasonable time. This backlog can occur due to various reasons such as lack of sufficient judges, delays in the judicial process, or any other factor that hampers the efficient functioning of the court. To address this issue, the President has the power to appoint additional judges who can help reduce the arrears of work and expedite the disposal of pending cases.
Importance of the President's power
The President's power to appoint additional judges for a temporary period is crucial in ensuring the efficient functioning of the high courts. By appointing additional judges, the workload on the existing judges can be reduced, allowing them to focus on cases that require their immediate attention. This helps in ensuring timely justice delivery and maintaining the credibility of the judicial system.
The temporary nature of these appointments ensures that they are used as a short-term solution to address the specific circumstances of increased workload or arrears of work. It also ensures that the independence and impartiality of the judiciary are maintained, as the President's power to appoint judges is subject to certain checks and balances, such as the consultation with the Chief Justice of India and the Governor of the concerned state.
In conclusion, the President's power to appoint additional judges of a high court for a temporary period is important in addressing situations where there is a temporary increase in the business of the court or arrears of work. This power helps in reducing the workload on existing judges, ensuring timely justice delivery, and maintaining the credibility of the judicial system.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.