Appointment of high court judges. Appointment of Supreme Court and High Court Judges: Need for a Fresh Look 2022-10-15
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The appointment of high court judges is a crucial process that plays a significant role in the administration of justice in a country. The appointment of judges is typically carried out by the executive branch of government, with the advice and consent of the legislature, and it is subject to various legal and constitutional constraints.
In many countries, the process of appointing high court judges is guided by principles of independence, impartiality, and merit. These principles are intended to ensure that judges are free from outside influence and that their decisions are based on the law and the facts of the case rather than personal or political considerations.
The appointment of high court judges typically begins with the submission of nominations to the executive branch of government by an independent judicial commission or other body. The executive branch then reviews the nominations and selects a candidate to be appointed as a judge. In some countries, the legislature may also play a role in the appointment process, either by approving or rejecting the executive's nominee or by providing input and advice during the selection process.
The appointment of high court judges is a complex process that involves a number of considerations. For example, judges must be highly qualified and possess a strong legal background, with many years of experience practicing law or serving as a judge at lower levels of the judiciary. They must also be able to demonstrate a commitment to upholding the principles of independence and impartiality.
In addition to these qualifications, the appointment of high court judges may also be influenced by a range of other factors, including the diversity of the judiciary, the needs of the particular court or jurisdiction, and the political and social context in which the appointment is being made.
Overall, the appointment of high court judges is a critical process that has a significant impact on the administration of justice in a country. It is vital that this process be carried out in a transparent and impartial manner, with the goal of ensuring that the judiciary is composed of highly qualified and independent judges who are committed to upholding the rule of law and the principles of justice.
Appointment of High Court Judges: Eyre QC & Williams QC
The Chief Justice of India does not have confidence in the Collegium Judges; and in the same way, the Collegium Judges have reservations about the functioning of the Chief Justice of India. He was Called to the Bar Inner Temple in 1981 and took Silk in 2015. On the issue of disclosure of Collegium proceedings regarding appointment of Judges, the Supreme Court judgment requires that the final opinion of the Collegium resolution can be disclosed; however, the personnel data or details cannot be furnished as it violates the right to privacy and the duty of confidentiality. During my tenure, while hearing the Ayodhya case for nearly four months, all mentionings were made in Justice N. MoP not revised The MoP was formulated in terms of Second Judges case 2; but was found to be not satisfactory in Fourth Judges case 34 and directed to be revised. Jharkhand High Court: The Supreme Court Collegium on 1-9-2021 recommended five judicial officers, namely, Pradeep Kumar Srivastava, Gautam Kumar Choudhary, Ambuj Nath, Navneet Kumar, and Sanjay Prasad for being appointed as Judges of the Jharkhand High Court.
The Chief Justice must consult with two of the senior most colleagues on the Bench with regard to the suitability of proposed names before forwarding his recommendation. The functions of the Department of Justice include the appointment, resignation and removal of the CJI, Judges of the Supreme Court of India, Chief Justices and Judges of the High Courts and their service matters. Conclusion: One of the most important persons in the Judicial System is the Judge of the Court. The silence of the Supreme Court on this grave allegation made by Mr Prashant Bhushan in 2009 and non-disclosure of names given in the sealed cover by Mr Shanti Bhushan is a matter of great concern. The name of Paul K.
Appointment of Supreme Court and High Court Judges: Need for a Fresh Look
For appointment of Judges of the Supreme Court, a Collegium comprising of the Chief Justice of India and two seniormost Judges of the Supreme Court will take the final decision. My areas of interest in law include Criminal law, Taxation laws and Intellectual Property Rights. Gujarat 96,606 35,637 19,886 1,52,129 8. High Court judges sitting in the criminal division of the Court of Appeal wear a black silk gown and a short wig. Ensure all documents are signed, dated and in order before attending. Chief Justices must have sufficiently long tenure in a High Court as he takes a large number of administrative decisions apart from judicial work. Specific instances wherein bias was reflected? The question that arises is whether the Supreme Court Collegium is the sole repository of power to select Judges, who will be independent and impartial and whether involvement of the executive wing of the State or members of civil society, per se, affects the independence of judiciary.
Servai had written a letter in 1995 to the Chief Justice of India saying that the transfer of the High Court Judges has the effect of turning the Judges of the High Court to the level of District Courts. The Supreme Court in PLR Projects 33 2021 noted that the High Courts are in a crisis situation, as 40% of the sanctioned strength is vacant and in some larger High Courts even 50% posts are vacant. Inclusion of one or two such eminent persons in the selection mechanism cannot affect the credibility of the institution and independence of the judiciary—rather it will ensure more transparency and less opaqueness. Uttarakhand 31,584 8,266 2,473 42,323 Total 3,19,9972 1,31,9766 13,70,559 58,90,297 The sanctioned strength of the High Courts as on 2-3-2022 is 1104, out of which 833 are permanent Judges and 271 are Additional Judges 39, i. Karnataka 1,42,780 59,819 54,072 2,56,671 12.
The workload of the High Court is not temporary but ever increasing. In the event of disagreement between the constitutional functionaries, the Union Government will decide whose opinion should be accepted and whether appointment should be made or not; and the opinion of the Chief Justice of India has no primacy. Subsequent to the sanction of such post, the procedure similar to the appointment of a permanent Judge is to be followed, except that a medical certificate is not necessary from the person who is appointed as an Additional Judge. Justice Banerjee has been transferred from one of the biggest High Courts in the country, to one of the smallest. To say the least, it was very odd. Read more about the new appointment through their biographies here:. Subhash Chandra Agarwal, 10 Id, pp.
Luthra 35, the Supreme Court Bench comprising Adarsh Kumar Goel and Uday U. The Government of India to make appointment— 3 to 4 weeks of the recommendation of the Supreme Court Collegium, if not sent back. The information regarding the total number of working days, the number of days he has actually attended the court and the number of days of his absence from the Court during the period for which the statistics are sent is also furnished. Ray as Chief Justice of India 1973 by superseding Justice J. The Supreme Court Collegium in a number of cases has made its recommendation after 8 to 12 months of the receipt of the proposal. So only four members of the Collegium—the Chief Justice, Justices Khehar, Misra and I—participated in these meetings. Where an Additional Judge is considered for confirmation as the Additional Judge for the first time, the relevant documents as mentioned above also must be sent by the Chief Justice of the High Court concerned along with the necessary recommendation.
The news portal Scroll 11 has published an article on 17-11-2021 giving details of controversial transfers of the High Court Chief Justices: 1. Presently, there are no Additional Judges in 13 High Courts 42; whereas, 12 High Courts 43 have Additional Judges. I love talking and hence I am always open to debates and group discussions on any persisting legal, social or other issues. Kerala 1,18,588 64,683 26,963 2,10,234 13. This case has been listed on 25 occasions during last eleven years and in the last order dated 13-10-2020 30, the case was adjourned on the request of the Attorney General with a direction that the Registrar may get in touch with Mr Harish N. The Family Division The Family Division, which deals with family law, consists of up to 19 judges headed by the President of the Family Division. A Bench of five Judges of the Supreme Court held that disclosure of assets of the Judges of the Supreme Court does not impinge upon the personal information and right to privacy of the Judges.
However, where there is any necessity to refer back the names, the opinion of the CJI must be obtained. Appointment Of Additional Judges and Acting Judges: Additional Judges to a Court may be appointed by the President of India as specified under clause 1 of Art. Since the Governor is bound by the advice of the Chief Minister and his Council of Ministers, a copy of the proposal of the Chief Justice along with the complete set of papers must be sent simultaneously to the Governor to avoid delay. Law Ministry to forward recommendations to the Chief Justice of India— 8 to 12 weeks of receipt of inputs from the State Government and IB. Appointments made to the High Court are expected to be time bound schedule so that they are made well in advance before the occurrence of an anticipated vacancy.
Roles of the clerk Every High Court judge is assigned a clerk who provides administrative support. Judges must decide cases without fear or favour, affection or ill will and uphold the Constitution and the laws. Patna 1,54,690 38,608 29,945 2,23,243 20. In the post-1993 era, Second Judges case 2 accorded the primacy in the matter of appointment to a new body called Collegium in the matter of appointment of Judges. The National Commission to Review the Working of the Constitution Ncrwc headed by the former Chief Justice of India, Justice M. In the initial years, Chief Justices of the High Courts preferred to remain Chief Justices of that High Court rather than becoming junior Judge of the Supreme Court. They try serious criminal cases, important civil cases and assist the Lord and Lady Justices to hear appeals.
