Appointment of additional and acting Judges.

1. (1) If by reason of any temporary increase in the business of a High Court or by reason 2. The words "within the territory of India" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956). 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, 1[the President may, in consultation with the National Judicial Appointments Commission, appoint] duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specify.
2. (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, 1[the President may, in consultation with the National Judicial Appointments Commission, appoint] a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.
3. (3) No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of 2[sixty-two years].]

¹ Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 7, for "after consultation with the Chief Justice of India" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-onRecord Association and Another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.

³ Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). Original cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).

⁴ Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 15 for art. 224