Appointment of acting Chief Justice

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 purpose. 2 [224. 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, 3[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, 3[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 4[sixty-two years].] 1. Inserted by the Constitution (Fifteenth Amendment) Act, 1963, s.5 (w.e.f. 5.10.1963), Original clause (2) was omitted by the Constitution (Seventh Amendment) Act, 1956, s.14 (w.e.f. 1.11.1956). 2. Substituted by the Constitution (Seventh Amendment) Act, 1956, s.15 (w.e.f.1.11.1956). 3. Substituted by the Constitution (Ninety-ninth Amendment) Act, 2014, s.8, for “the President may appoint” (w.e.f. 13.4.2015). This amendment has been struck down by the Supreme Court vide its order dated the 16th October, 2015 in the Supreme Court Advocates-on-Record Association and Another Vs. Union of India reported in AIR 2016 SC 117. 4. Substituted by the Constitution (Fifteenth Amendment) Act, 1963, s.6, for “sixty years” (w.e.f.5.10.1963). 109 THE CONSTITUTION OF INDIA (Part VI. — The States) 1 [224A. Appointment of retired Judges at sittings of High Courts:- Notwithstanding anything in this Chapter, 2[the National Judicial Appointments Commission on a reference made to it by the Chief Justice of a High Court for any State, may 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.]