<p>The Supreme Court Collegium led by Chief Justice of India Sanjiv Khanna recently held interactions with lawyers and judicial officers — selected by the High Court Collegiums — to make recommendations for appointment as high court judges. The move is seen as a departure from tradition. Ashish Tripathi takes a close look at the process of appointing high court judges.</p>.<p><strong>Who is eligible to become an HC judge?</strong></p>.<p>According to Article 217 of the Constitution, a person who has experience of practice as an advocate for a minimum of 10 years in succession or 10 years of experience as a judicial officer can be appointed as a judge of the HC.</p>.<p><strong>What is the procedure?</strong></p>.<p>As per the Memorandum of Procedure on the appointment of judges, the proposal for the appointment of a judge of a high court is initiated by the Chief Justice (CJ) of the High Court. The chief minister can recommend a name to the CJ for consideration. The CJ consults senior colleagues who are a part of the Collegium and others if necessary. The proposal is then sent to the Union government. Simultaneously, a copy may also be shared with the Chief Justice of India (CJI) and the Union Minister of Law, Justice and Company Affairs to expedite consideration.</p>.<p><strong>What is the role of government?</strong></p>.<p>The Union Minister of Law and Justice considers the recommendations in the light of other reports, including intelligence, as may be available. The complete material is then forwarded to the CJI for his advice.</p>.<p><strong>What is the role of the SC Collegium?</strong></p>.<p>The SC Collegium selects the candidates. CJI in consultation with the two senior judges of the Supreme Court form his/her opinion on the individuals who are to be recommended for appointment to the high court. Once names have been considered and recommended by the CJI, they should not be referred back to the State Constitutional authorities even if a change takes place in the incumbency of any post. However, where it is considered expedient to refer back to the names, the opinion or CJI should be obtained.</p>.<p><strong>What are the factors to be considered for appointment of HC judges?</strong></p>.<p>For making recommendations for the elevation of advocates, the Collegium takes into account income, age, integrity, and the Intelligence Bureau report besides checking the candidate's legal acumen, standing at the Bar, and appearance of lawyers as counsels in reported judgments.</p>.<p><strong>How is the final order issued?</strong></p>.<p>The law minister puts up the recommendation to the prime minister who will advise the President in the matter of appointment. Once the warrant of appointment is signed by the President, the Department of Justice informs the CJI. A copy of the communication is also sent to the chief minister and the law ministry issues necessary notification in the gazette.</p>
<p>The Supreme Court Collegium led by Chief Justice of India Sanjiv Khanna recently held interactions with lawyers and judicial officers — selected by the High Court Collegiums — to make recommendations for appointment as high court judges. The move is seen as a departure from tradition. Ashish Tripathi takes a close look at the process of appointing high court judges.</p>.<p><strong>Who is eligible to become an HC judge?</strong></p>.<p>According to Article 217 of the Constitution, a person who has experience of practice as an advocate for a minimum of 10 years in succession or 10 years of experience as a judicial officer can be appointed as a judge of the HC.</p>.<p><strong>What is the procedure?</strong></p>.<p>As per the Memorandum of Procedure on the appointment of judges, the proposal for the appointment of a judge of a high court is initiated by the Chief Justice (CJ) of the High Court. The chief minister can recommend a name to the CJ for consideration. The CJ consults senior colleagues who are a part of the Collegium and others if necessary. The proposal is then sent to the Union government. Simultaneously, a copy may also be shared with the Chief Justice of India (CJI) and the Union Minister of Law, Justice and Company Affairs to expedite consideration.</p>.<p><strong>What is the role of government?</strong></p>.<p>The Union Minister of Law and Justice considers the recommendations in the light of other reports, including intelligence, as may be available. The complete material is then forwarded to the CJI for his advice.</p>.<p><strong>What is the role of the SC Collegium?</strong></p>.<p>The SC Collegium selects the candidates. CJI in consultation with the two senior judges of the Supreme Court form his/her opinion on the individuals who are to be recommended for appointment to the high court. Once names have been considered and recommended by the CJI, they should not be referred back to the State Constitutional authorities even if a change takes place in the incumbency of any post. However, where it is considered expedient to refer back to the names, the opinion or CJI should be obtained.</p>.<p><strong>What are the factors to be considered for appointment of HC judges?</strong></p>.<p>For making recommendations for the elevation of advocates, the Collegium takes into account income, age, integrity, and the Intelligence Bureau report besides checking the candidate's legal acumen, standing at the Bar, and appearance of lawyers as counsels in reported judgments.</p>.<p><strong>How is the final order issued?</strong></p>.<p>The law minister puts up the recommendation to the prime minister who will advise the President in the matter of appointment. Once the warrant of appointment is signed by the President, the Department of Justice informs the CJI. A copy of the communication is also sent to the chief minister and the law ministry issues necessary notification in the gazette.</p>
