Recently , the rising debate around the pension of the High Court judges after the retirement and recent case being filed in the Supreme court of India, it is necessary to know the procedure for appointment of the judges and establishment of the High Court as well as their eligibility to be appointed as the high court judges.
The establishment of High Courts in India dates back to the British Raj era. Initially, coming in as traders, the British slowly assumed control over the Indian subcontinent and took over the governance.
The first High Court in India, known as ‘The High Court of Judicature at Fort William’—now referred to as the ‘Calcutta High Court’—was created through Letters Patent issued on May 14, 1862, under the Indian High Courts Act of 1861. This High Court was officially inaugurated on July 1, 1862.
The Indian High Courts Act of 1861 granted the Queen of England the authority to issue charters or Letters Patent to establish the High Courts of Calcutta, Madras, and Bombay. The jurisdiction and powers of these courts were outlined in their respective Letters Patent. It is very interesting to know that ,
Sir Barnes Peacock was the first Chief Justice of the Calcutta High Court in 1862.
During, the reign of the Queen , the procedure for the appointment of the High Court judges was different , but moving ahead , after independence and the commencement of the Constitutiton Of India , in the year 1950 , the procedure laid down by Chapter V of Part VI of the Constitution of India started being followed by the States for the appointment of the judges to High Court.
COMPOSITION OF HIGH COURTS
The High Court comprises a Chief Justice and additional judges as appointed by the President. The number of judges in each High Court is not fixed and varies from state to state, unlike the Supreme Court of India , where the number of judges is fixed as per Article 124 of the Indian Constitution.
APPOINTMENT OF THE JUDGES OF THE HIGH COURT
As per Article 217 of the Indian Constitution , the judges of the High Court are appointed by the President with a warrant under his hand and seal . For the appointment of the judges, the President follows the procedure of consulting the Chief Justice of India , and Chief Justice of the respective High Court and also ,the Governor of the state .
The Chief Justice of the High Court , on the other hand , is appointed by the President after consulting the Chief Justice of India and the Governor of the respective state.
Recently, in the case of Chirag Bhanu Singh & Anr. v. High Court of Himachal Pradesh & Ors (2024 INSC 660) , The Supreme Court has ruled that,
A Chief Justice of a High Court cannot unilaterally reconsider recommendations for a judge’s elevation. Such reconsideration must be carried out collectively by the High Court Collegium.
Limited judicial scrutiny of Collegium decisions is permissible to ensure that decisions were made following effective and collective consultation among its members.
-the Bench affirmed.
As per Article 222 of the Indian Constitution , the High Court judges may also be transferred to other High Courts, a decision solely made by the Chief Justice of India. Such transfers are implemented to ensure fairness and impartiality in the trials conducted across different courts.
QUALIFICATIONS AND ELIGIBILITY TO BECOME A HIGH COURT JUDGE
There are certain eligibility criteria that need to be fulfilled to be appointed as a judge in any High court in India. As per , Article 217 (2) of the Indian Constitution ,the eligibility criteria for being appointed as the Judge of a High Court are as follows:
- The individual must be a citizen of India
- He must have , At least Ten years of experience as a judicial officer within Indian territory, or must have
- Practiced a minimum of Ten years as an advocate in a High Court in India or two or more such courts in India
Although as per Article 214 of the Indian Constitution , the law provides that each state should have its own High Court, but , Article 231 of the Indian Constitution, provides that some states may share a common High Court for administrative reasons.
For instance, Punjab and Haryana are under the jurisdiction of the Punjab and Haryana High Court, located in Chandigarh. Similarly, the Gauhati High Court serves as the common High Court for seven northeastern states: Assam, Nagaland, Manipur, Tripura, Meghalaya, Arunachal Pradesh, and Mizoram.
CONCLUSION
The High court judges , hold a constitutional position in the country and as per Article 227 of the Indian Constitution , the High Court judges , hold a power of superintendence over all the courts and territories , throughout the territories in relation to which it exercises jurisdiction.
A High Court , holds a very strong position in the country , and exercises control over all the subordinate courts in the country. The writ jurisdiction, of the High court under Article 226 of the Indian Constitution, is much wider than the Supreme Court under Article 32 of the Indian Constitution because it extends to the legal rights as well as the fundamental rights. Conclusively , it can be quoted,
“A great judge, it is said, must possess greatness of character. They must discern the universal within the particular and grasp the ultimate within the immediate. They should carry a profound sense of authority while exercising humility in its application. A great judge seeks to make the seemingly insignificant reveal the profound.”
– Justice H.R. Khanna, quoting Harold Laski’s tribute to Justice Holmes.
Click Here to Read Previous Reports on HIGH COURTS OF INDIA
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE