High Court Judges Appointment

The Union Law minister said in Parliament that 219 proposals for the appointment of High Court judges across the country are in various stages of processing.

Against the total sanctioned strength of 1,114 judges in various high courts, 757 are working and 357 are lying vacant.

How are High Court Judges Appointed?

• Constitutional Provision:
  • Article 217: Judges of a High Court are appointed by the President after consulting the Chief Justice of India (CJI) and the Governor of the state.
  • For appointing a Judge other than the Chief Justice, the Chief Justice of the High Court is also consulted.
• Consultation Process:
  • High Court judges are recommended by a Collegium consisting of the CJI and the two senior-most judges.
  • The Chief Justice of the concerned High Court starts the proposal in consultation with two senior colleagues.
  • The recommendation is sent to the Chief Minister, who then advises the Governor to forward it to the Union Law Minister.
  • Names recommended by the High Court Collegium are sent with the views of the government to  the Supreme Court Collegium (SCC) for advice. Recommendation of the SCC is mandatory for appointment.
• Appointment of Chief Justice:
  • Chief Justices of High Courts are appointed from outside the respective states.
  • The Collegium decides on their elevation.

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Qualifications for Appointment as a Judge in high court

• Citizenship: The candidate must be an Indian citizen.
• Age:  Must be of a minimum age of 35 years.
• Judicial Experience: At least 10 years of experience as a judge in a subordinate court.

                                                               Or

• Advocacy Experience: At least 10 years of practice as an advocate in a High Court.
• Oath of Office: Judges take their oath before the state’s Governor or a designated representative.
• Tenure and Terms of Service
  • Duration of Service: High Court judges serve until the age of 62.
  • Resignation: Judges can resign by writing to the President.
  • Removal: Judges can be removed by the President based on a recommendation from Parliament.
  • Vacancy of Office: Judges vacate their position upon appointment to the Supreme Court or transfer to another High Court.

Salaries and Allowances of High Court Judges

• Determination of Salaries and Benefits:
  • The salaries, allowances, privileges, leave, and pensions of High Court judges are set by Parliament and regularly updated.
  • These terms cannot be altered to their disadvantage after their appointment, except during a financial emergency.
• Salary Updates:
  • In 2018, the Chief Justice’s salary was increased from Rs.90,000 to Rs.2.50 lakh per month.
  • Judges’ salaries were increased from Rs.80,000 to Rs.2.25 lakh per month.
• Additional Benefits: Besides their salary, judges receive a sumptuary allowance, free housing, and other benefits like medical care, a car, and a phone.
• Pensions: Retired Chief Justices and judges receive a monthly pension equal to 50% of their last drawn salary.

Issues in Current Appointment Process

• Cumbersome Process:
  • Delays in the appointment of High Court judges.
  • Decreasing number of judges affects the justice delivery system.
• Lack of Transparency:
  • No formal criteria for recommendations.
  • No structured process to check for conflicts of interest in recommended judges.
• Improper Representation:
  • System tends to favor certain sections of society.
  • Not representative of the diverse population it serves.
• Vacancy in High Courts:
  • Sanctioned strength: 1,098 judges across 25 high courts.
  • Working strength: 645 judges, a shortfall of 453 judges.
• High Pendency of Cases:
  • Total pending cases in various courts: about 3.7 crores.
  • Highlights the need for an improved judicial system.

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