Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Transfer and appointment of Chief Justice of HC and Judges.
Context:
The recent transfers and appointments of Chief Justices and judges across various High Courts in India, as approved by the Union government.
Key Takeaways:
- These decisions, made in consultation with the Chief Justice of India and based on recommendations from the Supreme Court Collegium, signify significant changes within the Indian judicial system.
The Chief Justice and other judges of the High Court are appointed by the President of India as can be seen in the following sections.
Appointment of Chief Justice of High Court:
- As per Article 217, the Chief Justice of the High Court should be appointed by the President after consultation with the CJI and the Governor of the state.
- The Chief Justice of the High Court concerned too should be consulted.
Appointment of Other Judges of High Court:
- Other judges of the High Court are appointed by the President after consultation with the Governor of the State, the Chief Justice of India, and the Chief Justice of the concerned High Court.
- In the case of a common High Court for two or more States, the Governors of all the States concerned are consulted by the President of India.
- As per the Second Judges Case (1993), consultation with the Chief Justice of India means concurrence and advice tendered by the Chief Justice of India is binding on the President.
- As per the Third Judges Case (1998), the Chief Justice of India should consult a collegium of 2 senior-most judges of the Supreme Court before recommending the name to the President.
- The recommendations made by the Chief Justice of India, without consulting the collegium, are not binding on the President.
The Indian Constitution on the transfer of judges:
- Article 222: It provides for the transfer of HC judges, including the Chief Justice.
- The President, after consultation with the CJI, may transfer a judge from one HC to any other HC and a compensatory allowance is provided to the transferred judge.
- Interpretation: The executive could transfer a judge, but only after consulting the CJI.
- As per Third Judges Case (1998), in case of transfer of a judge of the High Court, the Chief Justice of India should consult, in addition to a collegium of 4 seniormost judges of the Supreme Court, the Chief Justices of the two High Courts concerned.
- The sole opinion of the Chief Justice of India does not constitute the consultation process.
Qualifications of Judges of High Court
- A person to be appointed as a judge of a High Court should have the following qualifications:
- He/she should be a citizen of India, and
- He/she should have Held a judicial office in the territory of India for ten years.
- OR Been an advocate of a High Court (or High Courts in succession) for ten years.
- It is to be noted that: Unlike in the case of the Supreme Court, the Constitution makes no provision for the appointment of a distinguished jurist as a judge of a High Court.
- There is no minimum age for appointment as a judge of a High Court prescribed by the Constitution.
Removal of Judges of High Court:
The recent transfers and appointments of Chief Justices and judges across various High Courts represent a routine yet crucial aspect of maintaining a well-functioning and independent judicial system in India. These changes, made through a collaborative process involving the government and the judiciary, aim to enhance the administration of justice and ensure the effective functioning of the High Courts.
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