APPOINTMENT OF HIGH COURT JUDGES (Syllabus: GS Paper 2 – Polity)

Context: The supreme court has directed the Himachal Pradesh High Court collegium to consider again the names of two judicial officers it had first recommended for elevation to the Bench 21 months ago.

Procedure for Appointing Judges of High Courts

• Article 124 of the Constitution: Every Judge of the Supreme Court shall be appointed by the President on the recommendation of the National Judicial Appointments Commission.
• Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.
• Introduction to the Collegium System: It was established by the Second Judges Case (1993), where a nine-judge Bench of the Supreme Court made the SC collegium’s recommendations binding on the Centre.
• Judicial Appointment and Transfer Powers: The system grants the judiciary the authority to appoint and transfer judges. Although the government can delay appointments, it cannot reject the collegium's choices.
• Clarification in the Third Judges Case: In 1998, the Supreme Court clarified the collegium system’s functioning in response to queries from President K R Narayanan. This established the procedure for High Court appointments and the composition of the collegium.
• Composition of the High Court Collegium: The High Court collegium includes the Chief Justice of India (CJI) and the two seniormost Supreme Court judges. 

oIt must consult the Chief Justice and senior judges of the concerned High Court, the seniormost Supreme Court judge from that High Court, and any knowledgeable Supreme Court judges.

• Grounds for Challenging Recommendations: It can be challenged on two grounds: lack of effective consultation or if the candidate does not meet the eligibility criteria defined in Articles 217 and 124 of the Constitution.
• Memorandum of Procedure (MOP): Following the Third Judges Case, a MOP was created in 1998 detailing the appointment process for High Court judges, involving consultations and recommendations from the High Court collegium.
• Procedure for High Court Appointments: The Chief Justice of the High Court must consult two other seniormost High Court judges to form a collegium. Recommendations are sent to the Chief Minister, Governor, and CJI for further consideration.
• Role of the Governor and Central Government: The Governor, based on the Chief Minister’s advice, forwards the proposal to the Minister of Law and Justice, who then conducts a background check and sends the material to the CJI. The CJI reviews the recommendations with the SC collegium.