• India
  • Jul 23

45 of 80 names from SC collegium appointed HC judges during last year

• During the last one year, the Supreme Court collegium recommended 80 names for appointment as judges of various High Courts, out of which 45 judges were appointed and the remaining proposals are under various stages of processing, the Rajya Sabha was informed.

• Law Minister Kiren Rijiju, in a written reply, said between July 1, 2020 and July 15, 2021, the Supreme Court collegium made 80 recommendations for appointment of judges in various High Courts.

• India has 25 High Courts with a sanctioned strength of 1,098 judges. The latest working strength stands at 645 — a shortfall of 453 judges.

• Filling up of vacancies in the High Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various constitutional authorities both at the state and central-level.

• Vacancies of judges in High Courts do keep on arising on account of retirement, resignation or elevation of judges and also due to increase in the strength of judges.

Appointment of HC judges

• The High Court stands at the head of a state’s judicial administration.

• Article 214 of the Indian Constitution provides for a High Court for each state. The Seventh Constitutional Amendment Act of 1956 authorised the Parliament under Article 231 to establish a common High Court for two or more states and a Union Territory. 

• Articles 214 to 231 of the Constitution deals with the organisation, independence, jurisdiction, powers, procedures and other issues related to the High Courts.

• The Chief Justice and judges of the High Courts are appointed by the President under Article 217(1) of the Constitution.

• To be eligible for appointment as a HC judge one must be a citizen of India, have held a judicial office in India for ten years or must have practised as an advocate of a High Court or two or more such courts in succession for a similar period.

What is the collegium system?

• The collegium system is a forum including the Chief Justice of India and four senior-most judges of the SC, which recommends appointments and transfers of judges. 

• Judges of the higher judiciary are appointed only through the collegium system, and the government has a role only after names have been decided by the collegium.

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