The Centre has confirmed the appointment of Justice Biswadeep Bhattacharjee as Permanent Judge of the Meghalaya High Court, marking a significant step in judicial appointments in the Northeast.
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MEGHALAYA: The Ministry of Law & Justice, Government of India, has issued an official notification announcing the appointment of Justice Biswadeep Bhattacharjee as a Judge of the Meghalaya High Court.
The appointment, made under clause (1) of Article 217 of the Constitution of India, elevates Justice Bhattacharjee from his position as Additional Judge of the Meghalaya High Court to a permanent Judge. The appointment will take effect from the date he assumes charge of his office.
The notification was signed by Jagannath Srinivasan, Joint Secretary to the Government of India, and is to be published in the Gazette of India, Part I, Section 2.
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Justice Biswadeep Bhattacharjee completed his B.Com in 1989 and obtained his LL.B. from North-Eastern Hill University (NEHU) in January 1993. He began his legal practice the same year, handling a wide range of matters, including civil, criminal, service, and constitutional cases, as well as those under administrative justice rules.
From April 2002 to December 2012, he served as a Government Advocate (P) for the High Court. He held the office of Additional Advocate General for the State of Meghalaya from September 2018 until his elevation. Justice Bhattacharjee was designated as a Senior Advocate on 24th September 2021. He was elevated and sworn in as an Additional Judge of the High Court of Meghalaya on 1st August 2023.
Article 217
Appointment, Tenure, and Removal of High Court Judges (Article 217):
Appointment Process:
Under Article 217(1) of the Constitution, High Court judges are appointed by the President of India after consultation with the Chief Justice of India (CJI), the Governor of the concerned state, and, if necessary, other senior judges. This ensures merit-based, impartial appointments.
Collegium vs. NJAC:
Although the 99th Constitutional Amendment introduced the National Judicial Appointments Commission (NJAC), it was declared unconstitutional by the Supreme Court in 2015, thereby restoring the collegium system of judicial appointments.
Tenure:
Judges of the High Court retire at the age of 62 years. However, Additional or Acting Judges appointed under Article 224 have tenure subject to special provisions.
Resignation & Removal:
- A judge may resign by submitting a written notice to the President.
- Removal follows the procedure under Article 124(4) — requiring impeachment by Parliament on grounds of proven misconduct or incapacity.
Transfer & Office Vacation:
A judge vacates office if:
- Appointed to the Supreme Court.
- Transferred to another High Court by the President to ensure balanced judicial capacity across states.
Qualifications (Article 217(2)):
To be appointed, a person must:
- Be a citizen of India.
- Have either:
- At least 10 years in judicial office in India, or
- 10 years of practice as an advocate in one or more High Courts.
Clarifications:
- Time in tribunals or similar roles may count as judicial service.
- Pre-Independence experience under the Government of India Act, 1935, is valid.
- Time as an advocate includes related legal posts requiring legal expertise.
Age Disputes (Article 217(3)):
If there’s a dispute over a judge’s age, the President, after consulting the CJI, has the final and binding say.
Notable Amendments:
- 7th Amendment (1956): Added provisions for appointing Additional and Acting Judges.
- 15th Amendment (1963): Raised retirement age from 60 to 62 years and clarified age dispute resolution.
- 99th Amendment (2014): Introduced NJAC, later struck down in 2015.
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