Constitution Section 224A — Appointment of retired Judges at sittings of High Courts

Part VI — THE STATES — CHAPTER V.—THE HIGH COURTS IN THE STATES

Constitutional

Summary

If the Chief Justice of a High Court asks, the National Judicial Appointments Commission can request a retired judge of that High Court or any other High Court to serve as a judge again for that High Court. This can only happen with the President’s prior approval. While serving, the retired judge will receive allowances set by the President and will have all the powers and privileges of a High Court judge, but will not be officially considered a judge of that High Court. No retired judge can be forced to accept this request—they must agree to it.

Official Text

Notwithstanding anything in this Chapter, 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.