The Indian Constitution, in Part VI dealing with the States, establishes the framework for the High Courts. Article 216 specifically addresses the fundamental structure of these principal judicial bodies at the state level, laying down the basic components that constitute a High Court in India.
This article is crucial as it determines the foundational composition upon which the High Court functions, consisting of its leadership and the panel of judges required to handle the volume of judicial work across the diverse states and Union Territories.
Original Text
216. 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.
Detailed Explanation
Article 216 of the Indian Constitution mandates that each High Court in India must be constituted with two essential components: a Chief Justice and other Judges. The first part, the Chief Justice, is a mandatory single position, representing the head of the High Court. The second part comprises “such other Judges,” the number of whom is not fixed by the Constitution itself.
The Constitution vests the authority to determine the number of these ‘other Judges’ with the President of India. This determination is not a static figure but is to be made “from time to time” as the President “may deem it necessary to appoint”. This flexible approach acknowledges the varying workload, population, geographical area, and legal complexity handled by different High Courts. The President exercises this power typically based on recommendations and consultations involving the Chief Justice of India, the Chief Justice of the concerned High Court, and the state government, taking into account factors like the pendency of cases and the need for expeditious justice delivery. This provision allows the strength of each High Court to be adjusted according to the demands placed upon it, ensuring that resources are appropriately allocated to meet the judicial needs of the respective jurisdiction.
Detailed Notes
- Located in Part VI, Chapter V of the Constitution, dealing with High Courts in the States.
- Defines the basic structure of every High Court.
- Each High Court must have a Chief Justice.
- In addition to the Chief Justice, each High Court shall have “such other Judges”.
- The Constitution does not specify a fixed number for these “other Judges”.
- The power to determine the number of “other Judges” rests with the President of India.
- The President decides this number based on necessity.
- This determination is made “from time to time,” allowing for flexibility.
- Necessity is typically assessed based on the workload, pendency of cases, and jurisdiction of the High Court.
- The flexibility in the number of judges allows the government to adjust the judicial strength according to the requirements of justice administration.
- The actual process involves consultations and recommendations to the President.
Additional Comments
- Article 216 lays down the fundamental permanent composition, while Article 224 deals with the appointment of Additional and Acting Judges for temporary increases in workload or vacancies.
- The variable number of judges reflects the diverse requirements of different states; High Courts in states with larger populations or higher litigation rates typically have more judges sanctioned.
- The determination of the sanctioned strength of a High Court is a matter of administrative decision-making by the Executive (President acting on advice), informed by inputs from the Judiciary (Chief Justice of India and concerned High Court Chief Justice).
Summary
Article 216 of the Indian Constitution outlines the composition of High Courts. It mandates that every High Court must consist of a Chief Justice and a variable number of other Judges. The exact number of these other Judges is not fixed by the Constitution but is determined by the President of India based on the necessity, allowing for flexibility in adjusting the court’s strength according to its workload and requirements.