The high court operates as the top tier of the judicial administration in a state or a group of states in India. It functions below the Supreme Court and above the subordinate courts. High courts have a significant role in the judicial system and play an important role in maintaining justice in the states. Here are the key points regarding the appointment and qualifications of high court judges:
Appointment of High Court Judges
- Appointment by the President: The President of India appoints the judges of a high court.
- Consultation Process:
➤ Chief Justice of a High Court: The President appoints the chief justice of a high court after consulting the chief justice of India and the governor of the state concerned.
➤ Other Judges: For the appointment of other judges, the chief justice of the concerned high court is also consulted.
- Common High Court: In the case of a common high court for two or more states, the governors of all the states concerned are consulted by the President.
- Third Judges Case (1998): In this case, the Supreme Court opined that for the appointment of high court judges, the chief justice of India should consult a collegium of two senior-most judges of the Supreme Court. This decision means that the process of consultation is not solely the opinion of the chief justice of India but includes input from other senior judges.
Qualifications of High Court Judges
A person appointed as a judge of a high court should have the following qualifications:
- Citizenship: The person must be a citizen of India.
- Experience: The person should have either:
➤ Judicial Office: Held a judicial office in the territory of India for at least 10 years, or
➤ Advocacy: Practiced as an advocate in a high court (or high courts in succession) for at least 10 years.
Notable Points
- The Constitution does not specify a minimum age for appointment as a judge of a high court.
- Unlike the case with the Supreme Court, there is no provision for the appointment of a distinguished jurist as a judge of a high court.
These provisions ensure the appointment of experienced legal professionals to high court judge positions, promoting the quality and integrity of the judiciary.
High Court : Tenure, Removal and Transfer
High Court : Jurisdiction
Articles : High Court
69th BPSC
Q. The authority to determine the number of Judges in a High Court rests with which of the following entities?
A. The President
B. The Chief Minister of the State
C. The Prime Minister
D. The Parliament
