Context: Recently, Chief Justices were appointed to eight High Courts across India. However, all of them, with the exception of one, will have very short tenures which is becoming a persistent problem that calls for urgent remedial action since it affects the institutional effectiveness of the judiciary. In this context, let us understand the process of appointment, tenure and functions of Chief Justice and judges of High Courts in India.
Relevance of the Topic: Prelims- Key facts about appointment of Judges of High Court.
Appointment of Judges:
- Article 217 of Constitution of India deals with appointment of Judges of High Court.
- The judges of a High Court are appointed by the President. The Chief Justice is appointed by the President after consultation with the Chief Justice of India and the governor of the state concerned.
- For appointment of other judges, the chief justice of the concerned high court is also consulted. In case of a common high court for two or more states, the governors of all the states concerned are consulted by the President.
- In the Second Judges case (1993), the Supreme Court ruled that no appointment of a judge of the high court can be made, unless it is in conformity with the opinion of the chief justice of India.
- In the Third Judges case (1998), the Supreme Court opined that in case of the appointment of high court judges, the chief justice of India should consult a collegium of two senior-most judges of the Supreme Court. Thus, the sole opinion of the chief justice of India alone does not constitute the 'consultation' process.
- The 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 have replaced the Collegium System of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC).
- However, in 2015, the Supreme Court declared both the 99th Constitutional Amendment as well as the NJAC Act as unconstitutional and void. Consequently, the earlier collegium system became operative again. This verdict was delivered by the Supreme Court in the Fourth Judges case (2015). The Court opined that the new system (i.e., NJAC) would affect the independence of the judiciary.
Tenure of Judges:
The Constitution has not fixed the tenure of a judge of a high court. However, it makes the following four provisions in this regard:
- He/she holds office until he/she attains the age of 62 years. Any questions regarding his/ her age are to be decided by the President after consultation with the chief justice of India and the decision of the President is final.
- He/she can resign his/her office by writing to the President.
- He/she can be removed from his/her office by the President on the recommendation of the Parliament.
- He/she vacates his/her office when he/she is appointed as a judge of the Supreme Court or when he/ she is transferred to another high court.
Role of the Chief Justice of a High Court:
The Chief Justice is the senior-most sitting judge of a High Court in a State. Besides performing judicial functions, he also exercises administrative powers, as provided under Article 229 of the Constitution of India.
- Administrative Responsibilities: Oversees the overall administration of the High Court. And constitutes various committees for smooth functioning.
- Judicial Appointments: Plays a key role in recommending names for judgeship.
- Financial Oversight: Tracks and ensures the financial health of the institution.
- Staff Welfare and discipline: Attends to the welfare and needs of High Court staff, takes disciplinary action against erring trial court judges and staff.
- Defends such disciplinary actions before appropriate authorities if challenged.
- Public Engagements: Accepts invitations to and participates in seminars, symposia, and functions beyond legal matters. Engages with Bar Councils and advocate associations across the State.
- Legal Education and aid: Addresses issues related to legal education in the State. The Chief Justice is also usually the patron in chief of the State's Legal service Authority.
- Judicial Role: Discharges duties as the highest judicial authority in the State.
Thus, keeping in mind the diverse role and functions carried out by the Chief Justice of High Courts, it is suggested that they are provided with either a longer tenure or a fixed tenure when elevated to the position of Chief Justice after undertaking deliberations from all stakeholders.