Article 216 of the Costitution of India with Case law
🔹 Article 216 of the Constitution of India: Constitution of High Courts
📜 Text of Article 216:
"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."
🧾 Explanation:
Article 216 provides for the composition of every High Court in India.
It states that each High Court shall have:
A Chief Justice, and
Other Judges (called Puisne Judges) as appointed by the President.
The number of judges is not fixed in the Constitution. It is flexible and is decided by the President based on the workload and recommendation of the judiciary/executive.
⚖️ Important Case Laws on Article 216:
1. Supreme Court Advocates-on-Record Association v. Union of India (Second Judges Case), 1993 SCC (4) 441
While primarily dealing with the appointment of judges under Article 124 and 217, the Court observed that the President’s power under Article 216 to decide the strength of High Courts must be exercised in consultation with the Chief Justice.
The ruling led to the evolution of the Collegium System, which also indirectly influences the strength and constitution of High Courts.
2. All India Judges’ Association v. Union of India, AIR 1992 SC 165
Directed the Union Government to increase the number of judges in High Courts and Subordinate Courts to address pendency and delays.
While the case was more on subordinate judiciary (Article 233 onwards), it emphasized that judicial strength must be increased as per Article 216 to ensure justice delivery.
3. Mahesh Chandra Gupta v. Union of India, (2009) 8 SCC 273
The Court upheld that the appointment and strength of High Court judges must follow constitutional procedure, and President’s role is not discretionary but bound by recommendations.
4. T.R. Andhyarujina's Report on Judicial Reforms
Though not a case, the report (commissioned by the Government of India) cited Article 216 and recommended systematic reviews of the strength of judges in High Courts to meet increasing litigation demands.
📌 Key Points Summary:
| Aspect | Details |
|---|---|
| Applicable to | All High Courts in India |
| Composition | Chief Justice + other Judges |
| Deciding authority | President of India (based on need) |
| Nature of provision | Enabling provision – allows the number of judges to be changed flexibly |
| Link with Article 217 | Article 217 deals with appointment of High Court Judges |
| Collegium’s role | Suggests names and strength, but President makes the appointment |
🗂️ Related Articles:
| Article | Subject |
|---|---|
| Article 214 | High Courts for States |
| Article 217 | Appointment and conditions of Judges of High Court |
| Article 222 | Transfer of High Court Judges |
| Article 231 | Establishment of a common High Court for two or more states |
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