Q1. Who decides the number of judges in a high court?
- (a) President of India
- (b) Parliament
- (c) Chief Justice of India
- (d) Governor of the State
Answer & solution
Answer: (a) President of India
The President of India decides the number of judges in a High Court. About Article 216: Title: Constitution of High Courts; Part VI — The States; Chapter V — The High Courts in the States; Content: 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; Key Points: The President decides BOTH the appointment AND the number of High Court judges; The President acts on the advice of the Council of Ministers (in practice); Consultation for appointment: Article 217 requires the President to consult: The Chief Justice of India (CJI), The Governor of the State, The Chief Justice of the High Court (for judges other than CJ); The number of judges is NOT fixed — it can be increased or decreased as the President deems fit based on judicial workload; This gives the executive (President) the power to determine the sanctioned strength of each High Court; About Indian High Courts: India currently has 25 High Courts; Article 214: There shall be a High Court for each State; Article 215: Every High Court shall be a court of record; Article 216: Constitution of High Courts (President decides judges); Article 217: Appointment and conditions of office of a Judge of High Court; Article 218: Application of certain provisions relating to Supreme Court to High Courts; Article 226: Power of High Courts to issue writs (broader than Supreme Court); Sanctioned strength vs. actual working strength: Sanctioned strength: Set by President (currently several thousand posts across all HCs); Actual working strength: Often lower — many vacancies exist leading to judicial backlog.
Option (b) Parliament — Incorrect: Parliament does NOT decide the number of judges in a High Court; Article 216 clearly vests this power in the President of India; Parliament can legislate on judicial matters but does not determine the judge strength of individual High Courts; the President has the constitutional authority to determine the number of judges 'from time to time.'
Option (c) Chief Justice of India — Incorrect: The Chief Justice of India does NOT decide the number of judges in a High Court; the CJI is only consulted during the appointment process (Article 217); the actual power to decide the number of judges in a High Court is vested in the President of India under Article 216.
Option (d) Governor of the State — Incorrect: The Governor of the State does NOT decide the number of judges in a High Court; the Governor is consulted for the appointment of High Court judges (Article 217) but does not have the power to determine their number; the power to decide the number of judges in a High Court belongs to the President of India under Article 216.