High Court : Tenure, Removal and Transfer

Tenure of High Court Judges

• Retirement Age: High court judges hold office until they attain the age of 62 years. Questions regarding their age are decided by the President after consultation with the Chief Justice of India, and the President's decision is final.

• Resignation: Judges may resign from their position by writing to the President of India.

• Removal: High court judges can be removed from their office by the President based on the recommendation of Parliament.

• Vacancy of Office: Judges vacate their position when appointed to the Supreme Court or transferred to another high court.

Removal of High Court Judges

• Presidential Order: The President can remove a judge from the high court, but only after an address from Parliament has been presented to him in the same session.

• Parliamentary Address: The address must be supported by a special majority in both Houses of Parliament (a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting).

• Grounds for Removal: Removal is based on either proven misbehavior or incapacity. This procedure and the grounds are the same as for the removal of Supreme Court judges.

Transfer of High Court Judges

• Presidential Authority: The President can transfer a judge from one high court to another after consulting the Chief Justice of India.

• Compensatory Allowance: Judges who are transferred receive a compensatory allowance in addition to their salary, as determined by Parliament.

• Judicial Review and Considerations: In the 1977 Supreme Court ruling, it was established that the transfer of high court judges should only be carried out as an exceptional measure and in the public interest, not as punishment.

• Consultation Process: In the Third Judges case (1998), the Supreme Court ruled that in transferring judges, the Chief Justice of India should consult a collegium of four senior-most judges of the Supreme Court and the chief justices of the respective high courts (the one the judge is transferring from and the one they are being transferred to). This decision ensures that transfers are made with due consideration and consultation, minimizing the possibility of arbitrary transfers.

• Challenging Transfers: According to the Supreme Court's decision in 1994, only the judge who is being transferred can challenge the transfer, and this judicial review serves as a check against any potential arbitrariness in the transfer process.