219 proposals for High Court judge appointment under process: govt

219 proposals for High Court judge appointment under process: govt

Subject: Polity

Sec: JUDICIARY

Context:

Chief Justices of the High Courts are required to initiate the proposal to fill up a vacancy of a High Court judge six months prior to the occurrence of vacancy.

More on News:

• Names recommended by the High Court Collegium are sent with the views of the government to the SCC for advice.
• Recommendation of the SCC is mandatory for appointment.
• Appointment of Judges in the High Courts is a continuous, integrated and collaborative process, involving approval from various constitutional authorities.
• The process of finalising a revised Memorandum of Procedure for Appointment of Judges to the Supreme Court and High Courts to bring in more transparency and accountability in the appointment process has not seen the light of the day.
• The decision to reexamine the Memorandum of Procedure was taken after the Supreme Court struck down the National Judicial Appointments Commission law in 2015.

Appointment of High Court Judges:

• The appointment of High Court judges is a collaborative process involving the Chief Justice of India (CJI), the Supreme Court Collegium, the Union Government, and the President of India.
• The CJI heads the Supreme Court Collegium, a body of senior judges responsible for recommending candidates for judicial appointments.
• The Union Government, through the Ministry of Law and Justice, processes these recommendations and forwards them to the President for final approval.
• Articles 124(2)and 217 of the Indian Constitution deal with the appointment of judges to the Supreme Court and High Courts .
• Constitutional Provisions for Judicial Appointments

Article 124

• Supreme Court judges should be appointed by the Presidentafter consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all appointments except his or her own.

Article 217

• High Court judges 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.

National Judicial Appointment Commission Act, 2014:

• The 1993 judgment was the basis on which a five-judge Constitution Bench declared the National Judicial Appointments Commission Act (NJAC) and the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional in October 2015.
• NJAC too would recommend names for the Appointment of Supreme Court Judge and Appointment and Transfer of High Court Judge 
• Composition of NJAC

1. The Chief Justice of India
2. 2 senior-most judges of the Supreme Court
3. The Law Minister of India
4. 2 eminent members that are chosen by the Selection Committee