• India
  • Dec 24

President appoints Chief Justices for Himachal, Uttarakhand High Courts

• In exercise of the power conferred under Article 217(1) of the Constitution, President Droupadi Murmu  appointed Justice G.S. Sandhawalia as the Chief Justice of Himachal Pradesh High Court and Justice Guhanathan Narendar as the Chief Justice of Uttarakhand High Court.

• Justice Sandhawalia is at present a judge of the Punjab and Haryana High Court

• Justice Guhanathan Narendar is a judge of the Andhra Pradesh High Court.

• Justice Narendar’s name was recommended by the Supreme Court Collegium on September 24.

• On September 17, it had recommended that after Justice Rajiv Shakdher retires on October 18, as the Chief Justice of the Himachal Pradesh, Justice Sandhawalia be appointed as the next Chief Justice of that High Court.

• Two additional judges of the Delhi High Court — Justices Shailender Kaur and Ravinder Dudeja — were also elevated as judges, or what is commonly called ‘permanent’ judges.

• Additional judges are usually appointed for a period of two years before being elevated as permanent judges.

• Four other additional judges of the Karnataka High Court were also elevated as permanent judges.

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.

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.

Appointment of SC judges

• The CJI and judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.

• Whenever a vacancy is expected to arise in the office of a judge of the Supreme Court, the CJI will initiate a proposal and forward his recommendation to the law minister to fill up the vacancy.

• The opinion of the CJI for appointment of a judge of the Supreme Court should be formed in consultation with a collegium of the four senior-most judges of the apex court.

• The opinion of members of the collegium in respect of each of the recommendations as well as the senior-most judge in the Supreme Court from the High Court from which a prospective candidate comes, would be made in writing. The CJI must transmit his opinion as also the opinion of all concerned to the government of India as part of record.

• After receipt of the final recommendation of the CJI, the law minister will put up the recommendations to the Prime Minister, who will advise the President in the matter of appointment.

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