Article 216 of the Indian Constitution deals with the constitution of High Courts.
It says that every High Court shall consist of a Chief Justice and such other judges as the President may from time to time deem necessary to appoint.
This provision is important because it gives the constitutional basis for the composition of High Courts in India.
Constitutional Meaning
Article 216 provides that a High Court is not made up of a fixed number of judges permanently mentioned in the Constitution.
Instead, each High Court consists of:
- one Chief Justice
- other judges appointed by the President as required
The number of judges in a High Court may vary depending on workload, pendency, population, territorial jurisdiction and administrative requirements.
This gives flexibility to increase or adjust the strength of High Courts according to judicial needs.
Composition of High Courts
Each High Court has a Chief Justice who is the administrative head of that High Court.
Other judges may include:
- permanent judges
- additional judges
- acting judges
Article 216 mainly states the basic composition. Other constitutional provisions deal with appointment, qualification, tenure and transfer of High Court judges.
For example, Article 217 deals with the appointment and conditions of office of High Court judges.
Difference from Article 124(1)
Article 216 is related to High Courts, while Article 124(1) is related to the Supreme Court.
Article 124(1) says the Supreme Court consists of the Chief Justice of India and other judges as Parliament may prescribe by law.
Article 216 says every High Court consists of a Chief Justice and other judges as the President may deem necessary to appoint.
The key difference is that the strength of the Supreme Court is determined by Parliament through law, while the strength of a High Court is determined through appointments made by the President according to need.
Significance
Article 216 is significant because High Courts are the highest courts at the State or regional level.
High Courts perform important functions such as:
- protecting fundamental rights under Article 226
- supervising subordinate courts under Article 227
- hearing civil and criminal appeals
- exercising writ jurisdiction
- handling constitutional and administrative law matters
- controlling district judiciary in many respects
The workload of High Courts differs from state to state. Therefore, Article 216 provides flexibility in determining the number of judges.
Conclusion
Article 216 provides the constitutional basis for the composition of High Courts.
It states that every High Court shall consist of a Chief Justice and other judges appointed by the President as necessary.
Its importance lies in allowing flexibility in High Court strength so that judicial capacity can be adjusted according to workload and administrative needs.
