Appointment of Judges of High Court
The appointment of judges of high court is a complex and multi-step process that involves the participation of several different actors. The first step in the process is the identification of potential candidates. This is done by the chief justice of the high court, who consults with other judges, lawyers, and other interested parties. Once a list of potential candidates has been compiled, the chief justice submits it to the president of India. The president then appoints one or more of the candidates to the high court.
The appointment of judges of high court is a highly political process, and the president’s decision is often influenced by the recommendations of the chief justice and other political leaders. In recent years, there has been increasing controversy over the appointment of judges of high court, with some critics arguing that the process is too politicized.
The Appointment Process
The appointment process for judges of high court is governed by the Constitution of India. Article 217 of the Constitution states that the president shall appoint judges of high court on the advice of the chief justice of India. The chief justice consults with other judges of the high court, as well as with lawyers and other interested parties, before submitting a list of potential candidates to the president. The president then appoints one or more of the candidates to the high court.
The appointment process is a highly political process, and the president’s decision is often influenced by the recommendations of the chief justice and other political leaders. In recent years, there has been increasing controversy over the appointment of judges of high court, with some critics arguing that the process is too politicized.
Qualifications for Appointment
The Constitution of India does not specify any qualifications for appointment as a judge of high court. However, the chief justice of India typically recommends candidates who are experienced lawyers with a strong track record of judicial service. In addition, candidates must be citizens of India and must be at least 35 years old.
Tenure
Judges of high court are appointed for a term of six years. However, they can be reappointed for a further term of six years. In addition, judges of high court can retire at the age of 62.
Removal
Judges of high court can be removed from office only on the grounds of proved misbehavior or incapacity. The process of removal is initiated by the president, who must first obtain the opinion of the Supreme Court. If the Supreme Court finds that the judge has been guilty of misbehavior or incapacity, the president can remove the judge from office.
Removal of Justice Karnan
In 2017, Justice C. S. Karnan of the Madras High Court was removed from office after he was found guilty of contempt of court. Justice Karnan had made a number of allegations against the judiciary, including allegations of corruption and nepotism. The Supreme Court found that Justice Karnan’s allegations were baseless and that he had acted in a manner that was “unbecoming of a judge.” The Supreme Court also found that Justice Karnan had disobeyed the orders of the court, which is a form of contempt of court. As a result, the Supreme Court removed Justice Karnan from office.
Conclusion
The appointment of judges of high court is a complex and multi-step process that involves the participation of several different actors. The process is highly political, and the president’s decision is often influenced by the recommendations of the chief justice and other political leaders. In recent years, there has been increasing controversy over the appointment of judges of high court, with some critics arguing that the process is too politicized.