HIGH COURT JUDGES
- February 26, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
HIGH COURT JUDGES
Context- Union Law Secretary Anoop Kumar Mendiratta on Friday was elevated as a judge of the Delhi High Court.
Appointment of High Court Judges:
- Article 217 of the Constitution states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.
- In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
- High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
- The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
- Ad-hoc Judges: The appointment of retired judges was provided for in the Constitution under Article 224A. Under the Article, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of judge of that court or of any other High Court to sit and act as a judge of the High Court for that State.
- It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.
- Evolution of the Collegium System:
- First Judges Case (1981): It declared that the “primacy” of the Chief Justice of India (CJI) recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
- The ruling gave the Executive primacy over the Judiciary in judicial appointments.
- Second Judges Case (1993): SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.
- It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.
- Third Judges Case (1998): SC on President’s reference expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues (for example for the transfer of HC judges).