The President of India, in exercise of the power conferred by clause (l) of Article 217 of the Constitution of India appointed 4 additional judges of Karnataka High Court as Judges of High Court
Context
The President of India, in exercise of the power conferred by clause (l) of Article 217 of the Constitution of India appointed 4 additional judges of Karnataka High Court as Judges of High Court
What is additional judge of HC?
- The President can appoint duly qualified persons as additional judges of a High Court for a temporary period not exceeding two years when:
- There is a temporary increase in the business of the high court; or
- There are arrears of work in the high court.
How one does qualifies to become a judge of HC?
- A person to be appointed as a judge should have the following qualifications:
- He should be a citizen of India.
- He should have held a judicial office in the territory of India for ten years; or
- He should have been an advocate of a high court (or high courts in succession) for ten years.
From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of a high court
What is the appointment procedure to Judge of HC?
- The judges of a high court are appointed by the President under Article 217.
- The chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned.
- For appointment of other judges, the chief justice of the concerned high court is also consulted.
- In case of a common high court for two or more states, the governors of all the states concerned are consulted by the president
How judges of HC can be removed?
- The Judges Inquiry Act (1968) regulates the procedure relating to the removal of a judge of a high court by the process of impeachment:
- A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
- The Speaker/Chairman may admit the motion or refuse to admit it.
- If it is admitted, then the Speaker/Chairman is to constitute a three member committee to investigate into the charges.
- The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist.
- If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion.
- After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge.
- Finally, the president passes an order removing the judge.
From the above, it is clear that the procedure for the impeachment of a judge of a high court is the same as that for a judge of the Supreme Court.
