APPOINTMENT OF HIGH COURT JUDGES : POLITY

APPOINTMENT OF HIGH COURT JUDGES : POLITY

NEWS: Judicial appoints are not prerogative of the single individual -SC

 

WHAT’S IN THE NEWS?

 

Judicial Appointments of High Court Judges

Constitutional Provisions:

    • The appointment of High Court judges is governed by Article 217 of the Indian Constitution. The President of India appoints the judges after consultation with the Chief Justice of India (CJI), the Governor of the respective state, and the Chief Justice of the concerned High Court.

 

Collegium System:

    • Introduced in 1993 through a Supreme Court judgment, the Collegium System is used for the appointment of judges to the High Courts and the Supreme Court.
    • The High Court Collegium consists of the Chief Justice of the High Court and two senior-most judges of that High Court. They recommend the names for appointment.
    • These recommendations are then reviewed by the Supreme Court Collegium, which consists of the Chief Justice of India and four senior-most judges of the Supreme Court.

 

Role of the Chief Justice:

    • The Chief Justice of a High Court cannot unilaterally make recommendations for judicial appointments. The process must involve all members of the High Court Collegium, ensuring a collective decision.
    • The Supreme Court Collegium takes the final call on the names recommended for appointment or elevation to the High Court.

 

Consultation Process:

    • The Chief Justice of India (CJI), in consultation with the Supreme Court Collegium, reviews the recommendations made by the High Court Collegium.
    • The CJI also consults the Governor of the concerned state and the Union Law Minister during the process.

 

Final Appointment:

    • After the Collegium’s recommendation is finalized, it is sent to the President of India, who officially appoints the judges.
    • The President's role is typically formal, with the decision largely guided by the Collegium's recommendations.

 

Balance of Transparency and Confidentiality:

    • While the Collegium system ensures transparency in the decision-making process, there is also a need for confidentiality to protect the integrity of the judicial system.
    • This process ensures that the appointment of High Court judges is based on merit, transparency, and collective wisdom, without allowing unilateral decisions by any single individual.

 

Source : https://epaper.thehindu.com/ccidist-ws/th/th_delhi/issues/98454/OPS/GSADA2ED2.1+GTUDA43UT.1.html