Articles 222, 223 and 224 of the Constitution of India: High Court Judges
Articles 222, 223 and 224 deal respectively with transfer of a Judge from one High Court to another, appointment of an Acting Chief Justice, and appointment of additional and acting Judges of a High Court. These provisions form part of the constitutional framework governing the High Courts.
Updated: 19 September 2026
At a glance: Article 222 concerns inter-High Court transfer; Article 223 provides for performance of the duties of Chief Justice when that office is vacant or the Chief Justice cannot act; and Article 224 permits temporary appointments of additional or acting Judges in specified circumstances.
Article 222 - Transfer of a Judge from one High Court to another
Meaning: Article 222 gives the President constitutional authority to transfer a High Court Judge to another High Court after the constitutionally required consultation with the Chief Justice of India. The present transfer process also operates within the judicially developed collegium framework and the Memorandum of Procedure.
(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.
(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.
How Article 222 operates in practice
The Supreme Court has held in its Judges Cases that consultation under Article 222 is not merely the individual view of the Chief Justice of India; the opinion is formed through consultation within the collegium. The Department of Justice has also stated that transfers of High Court Judges and Chief Justices are made under Article 222 in accordance with the Memorandum of Procedure prepared pursuant to the Second Judges Case and the 1998 advisory opinion in the Third Judges Case.
Article 223 - Appointment of Acting Chief Justice
Meaning: This provision ensures continuity in the office of Chief Justice of a High Court. It applies when the office is vacant or when the Chief Justice is unable to perform the duties of office because of absence or another reason.
When the office of Chief Justice of a High 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.
Article 224 - Appointment of additional and acting Judges
Meaning: Article 224 provides temporary judicial strength where a High Court faces a temporary increase in business or arrears, and also permits an acting appointment when a Judge other than the Chief Justice is temporarily unable to perform the duties of office or is acting as Chief Justice.
(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 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 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.
Additional Judge and acting Judge: the distinction
An additional Judge may be appointed when a temporary increase in court business or arrears makes a temporary increase in judicial strength necessary, for a period not exceeding two years. An acting Judge may be appointed to meet the temporary inability of a sitting Judge, other than the Chief Justice, to perform the duties of office, including where that Judge is temporarily acting as Chief Justice.
Related constitutional provisions
These Articles should be read with the surrounding provisions governing High Courts, including Articles 217 and 218 on appointment and conditions of office of High Court Judges, Articles 219, 220 and 221, and Articles 224A and 225.
Legal reference: For authoritative wording and current official material, consult the official Constitution of India and the Supreme Court and Department of Justice resources linked on this page.
