Recently, the Supreme Court Collegium recommended new Chief Justices for the High Courts of Madhya Pradesh, Karnataka, Gauhati, Patna, and Jharkhand.
Appointments of Chief Justices in High Courts
- Madhya Pradesh High Court: Justice Sanjeev Sachdeva (currently in MP HC; parent HC: Delhi) is recommended as Chief Justice.
- Karnataka High Court: Justice Vibhu Bakhru (senior-most puisne judge, Delhi HC) is recommended to replace Justice N.V. Anjaria, who is nominated to the Supreme Court.
- Gauhati High Court: Justice Ashutosh Kumar (currently serving in Patna HC) is recommended to replace Justice Vijay Bishnoi, who is also recommended for elevation to the Supreme Court.
- Patna High Court: Justice Vipul Manubhai Pancholi (from Gujarat HC, currently serving in Patna HC) is proposed as Chief Justice.
- Jharkhand High Court: Justice Tarlok Singh Chauhan (Himachal Pradesh HC) is recommended as Chief Justice due to a likely vacancy arising from a transfer.
About Chief Justice of a High Court
- Constitutional Provision: Article 217 of the Constitution provides for the appointment of a High Court judge, including the Chief Justice.
- Eligibility Criteria:
- Must be a citizen of India.
- There is no minimum age prescribed in the Constitution.
- Should have held a judicial office in India for at least 10 years, or
- Been an advocate of a High Court for at least 10 years.
- Appointment Process:
- Recommended by the Supreme Court Collegium.
- The President of India appoints the Chief Justice in consultation with:
- The Chief Justice of India,
- The Governor of the concerned State, and
- (In case of appointment of a judge other than the CJ) the Chief Justice of that High Court.
- Removal Process: High Court Chief Justices cannot be removed by executive action.
- They can only be removed through impeachment by Parliament under the same process as for Supreme Court judges (Article 124(4)).
- Powers and Role
- Heads the administration of the High Court and its subordinate judiciary.
- Has significant say in allocation of cases and constitution of benches.
- Plays a key role in recommending judicial appointments and transfers.
- Oversees judicial discipline and case management in the High Court.
Collegium System
- About: It is a system of appointment and transfer of judges developed through Supreme Court judgments. It is not explicitly mentioned in the Constitution.
- Composition
- Headed by the Chief Justice of India (CJI).
- Includes the four senior-most judges of the Supreme Court.
- High Court appointments involve a collegium of the CJI and two senior-most SC judges, along with the respective High Court’s Chief Justice.
- Appointment Process
- Supreme Court Judges: Recommended by the Supreme Court collegium.
- High Court Judges: Recommended by the respective High Court collegium, reviewed by the Supreme Court collegium.
- Recommendations are sent to the President of India, who formally appoints judges.
- Executive Role: The government can seek clarifications but must accept the collegium’s recommendation if reiterated.
- Benefits of Collegium System:
- Ensures judicial independence by keeping the executive’s role minimal.
- Reduces political interference in judicial appointments.
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