Supreme Court suggests implementation of Article 224A in Andhra Pradesh and Telangana High courts

As per the reports, charges of corruption and professional misconduct have come into light against nearly 60-odd candidates recommended for appointment as judges of the Andhra Pradesh and Telangana High Courts. As a result of which, no appointment has been made since September 2017.

The Chief Justice of India, Rajan Gogoi has recommended the use of Article 224A of the Constitution of India to appoint retired judges to the two High Courts.

According to Article 224A of the Constitution of India empowers the Chief justice of the concerned High Court to appoint retired High Court judges on an emergency basis. In simple words, Article 224A enables the appointment of competent retired judges to continue to act as judges of any other High court or the High court they were retired from.

However, the power to makes such appointments vested with the Chief Justice of the concerned High Court after obtaining consent from the President.

Earlier, the two states i.e. Andhra Pradesh and Telangana had a common High Court at Hyderabad until Telangana became a separate state. The Andhra Pradesh High Court came into existence in December 2018 and currently has 12 judges, while Telangana High Court has 13 judges.

According to a source, CJI Rajan Gogoi has written to the Union government suggesting the appointment of retired judges to Andhra Pradesh and Telangana High Courts. However, the decision on the same is still pending.