The High Court system in India plays a crucial role in upholding justice and maintaining the rule of law. This article explores the tenure, removal, transfer of judges, and the independence of High Courts. It highlights key provisions of the Constitution that safeguard the judicial system from executive and legislative interference. Understanding these aspects is vital for appreciating the High Court’s functions and its significance in the Indian legal framework.
Tenure, Removal, and Transfer of High Court Judges in India
Tenure, Removal and Transfer
Tenure of Judges
Removal of Judges
- Removal of High Court Judges: As per Article 217 (1)(b), The Judge of the High Court can be removed from his Office by an order of the president.
- Presidential Authority: The President issues the removal order only after an address by Parliament has been presented to him in the same session for such removal.
- Parliamentary Support: This address must be supported by a special majority of each House of Parliament.
- Grounds for Removal: The grounds of removal are two–proved misbehaviour or incapacity.
- A majority of the total membership of that House and
- A majority of not less than two-thirds of the members of that House present and voting.
- The Judges Enquiry Act (1968): It regulates the procedure relating to the removal of a judge of the High Court by the process of impeachment:
- Impeachment Procedure for High Court Judges: Therefore, it is clear that the procedure for the impeachment of a judge of a High Court is the same as that for a judge of the Supreme Court.
- Historical Context: It is interesting to know that no judge of a High Court has been impeached so far.
Transfer of Judges
- Article 222: Transfer of Judges: The President, may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court
- Compensation for Transferred Judges:
- Entitlement of Transferred Judges: When a Judge has been or is so transferred, he shall, during the period he serves as a Judge of the other High Court,
- Salary and Compensatory Allowance: be entitled to receive, in addition to his salary, such compensatory allowance as may be determined by Parliament by law
- Interim Allowance Determination: and, until so determined, such compensatory allowance as the President may by order fix.
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Various Events can be seen:
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Acting, Additional and Retired judges
Acting Chief Justice (Article 223)
- The President appoints a judge of the High Court as an acting Chief Justice of India when:
Additional and Acting Judges (Article 224)
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- Appointment of Additional Judges: The President appoints qualified persons as additional judges of a High Court for a temporary period and should not exceed more than two years when:
- Temporary increase in the business of the High Court
- Arrears of work in the High Court .
- Appointment of Additional Judges: The President appoints qualified persons as additional judges of a High Court for a temporary period and should not exceed more than two years when:
- Appointment of Acting Judges: The President appoints a duly qualified person as an acting judge of a High Court when a judge of that High Court is:
- Unable to perform the duties of his office due to absence or any other reason; or
- Appointed to act temporarily as Chief Justice of that High Court .
- Tenure of Acting Judges: Acting judge holds his office until the permanent judge resumes his office.
- Also, both the additional or acting judge cannot hold further office after 62 years of age.
Retired Judges (Article 224A)
- Request for Retired Judges: The Chief Justice of a concerned state at any point of time can request a retired judge of that High Court or any other High Court to act as a judge of the High Court of that state for a temporary period.
- Consent for Appointment: He does this with the previous consent of the President and also with the person whom to be so appointed.
- Allowances for Retired Judges: This type of judge is entitled to such allowances as the President may determine.
- Jurisdiction and Privileges: He enjoys all the jurisdiction, powers and privileges of a judge of that High Court.
- However, he will not be deemed to be a judge of that High Court.
Independence of High Court
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- Importance of Independence: The independence of a High Court is essential for the effective discharge of the duties assigned to it.
- Freedom from External Pressures: It should be free from the encroachments, pressures and interferences of the executive and the legislature and allowed to do justice without fear or favour.
- Constitutional Safeguards: The Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a High Court.
| Mode of Appointment |
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| Security of Tenure |
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| Fixed Service Conditions |
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| Expenses Charged on Consolidated Fund |
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| Conduct of Judges cannot be discussed
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| Ban on Practice after Retirement |
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| Power to Punish for its Contempt |
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| Freedom to Appoint its Staff |
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| Its Jurisdiction cannot be curtailed |
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| Separation from Executive |
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| Upsc Notes | Upsc Blogs |
| NCERT Notes | Free Main Answer Writing |
Conclusion
The High Court’s structure and functions are designed to ensure judicial independence and uphold democratic values.
- Provisions related to the appointment, removal, and transfer of judges reflect a careful balance between accountability and autonomy.
- By maintaining its independence, the High Court can effectively serve justice and protect citizens’ rights, reinforcing the importance of a strong judiciary in a democratic society.
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