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APPOINTMENT OF HIGH COURT CHIEF JUSTICE

Written by Talent KAS

Related Topics: Appointment of Judges, Polity & Constitution

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Central Government has cleared the appointment of new Chief Justices for seven High Courts.

Constitutional Provision

As per Article 217 of Indian Constitution, the Chief Justice of the HC is appointed by the President in consultation with the Chief justice of India as well as the Governor of the respective state.

Procedure of Appointment of High Court (HC) Chief Justice

  • For purposes of elevation as Chief Justices, the inter-se seniority of puisne Judges will be reckoned on the basis of their seniority in their own High Courts.

  • They will be considered for appointment as Chief Justices in other High Courts when their turn would normally have come for being considered for such appointment in their own High Courts.
  • Initiation of the proposal for the appointment of Chief Justice of a High Court would be by the Chief Justice of India.
  • The Chief Justice of India would ensure that when a Chief Justice is transferred from one High Court to another simultaneous appointment of his successor in office should be made.
  • The Chief Justice of India would send his recommendation for the appointment of a puisne Judge of the High Court as Chief Justice of that High Court or of another High Court, in consultation with the two seniormost Judges of the Supreme Court.
  • The views of the Judges of the Supreme Court thus consulted would then be sent by the Chief Justice of India alongwith his proposal, to the Union Minister of Law, Justice and Company Affairs.
  • After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs would obtain the views of the concerned State Government.
  • After receipt of the views of the State Government, the Union Minister of Law, Justice and Company Affairs, will submit proposals to the Prime Minister, who will then advise the President as to the selection.
  • As soon as the appointment is approved by the President, the Department of Justice will announce the appointment and issue necessary notification in the Gazette of India.

Acting Chief Justice

  • Appointment of Acting Chief Justices is to be made by the President under Article 223 of the Constitution.
  • Intimation from the Chief Justice about his proceeding on leave or being unable to perform the duties of the Office of Chief Justice must be sent to all concerned well in advance to make arrangement for appointment of Acting Chief Justice.
  • Ordinarily, the arrangement of appointment of an acting Chief Justice should not be made for more than one month.

[The Hindu, doj.gov.in]

 

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