The appointment of High Court Judges in India is a rigorous and multi-layered process designed to uphold judicial excellence, independence, and integrity. Rooted in constitutional mandates and refined through the Memorandum of Procedure (MoP), the system emphasizes both merit and diversity.
This article outlines the detailed step-by-step process from initiation by the High Court Collegium to final appointment by the President.
1. Initiation by the High Court Collegium
The proposal begins with the High Court Collegium, comprising the Chief Justice and two senior-most judges of the respective High Court.
For Advocates:
Eligibility: Must be between 45–55 years (relaxable for exceptional merit), with a minimum average net income of ₹7 lakhs annually in the preceding five years, and be a tax assessee for 10 years.
Assessment Criteria: Standing at the Bar, area of practice, court performance, pro bono work, integrity, reported judgments, etc.
Diversity Mandate: Representation of women and marginalized communities is emphasized.
For Judicial Officers:
Eligibility: Should be below 58½ years at the time the vacancy arises.
Assessment Criteria: Inter se seniority, Annual Confidential Reports (ACRs), disposal records, judgment quality (language, legal reasoning, etc.), and general reputation.
The collegium may interact personally with shortlisted candidates and seek input from other judges and senior bar members.
2. Documentation and Reports
The following are collected:
- Bio-data (Annexure I(i))
- CA Certificate of Income (for advocates)
- List of reported/unreported judgments
- Undertaking (if any relatives practice in the same court)
- Judgment Evaluation Reports (for judicial officers)
3. Forwarding to the Executive
The Chief Justice of the High Court forwards the complete proposal to:
- Chief Minister of the State
- Governor of the State
- Union Minister of Law & Justice
- Chief Justice of India (CJI)
The Chief Minister adds comments, possibly with State Intelligence Branch (SIB) inputs, and sends it to the Governor, who then forwards it to the Centre.
If no response is received within 6 weeks, it is presumed that the State has no objections.
4. Role of the Union Government
The Union Minister of Law & Justice processes the proposal with:
- IB Reports
- DoJ (Department of Justice) comments
- Complaints or representations received
This is sent to the Supreme Court Collegium (SCC), headed by the CJI.
5. Assessment by the Supreme Court Collegium
- Seeks input from consultee-judges familiar with the High Court in question.
- Conducts personal interaction with candidates.
- Undertakes independent inquiries.
- Evaluates legal knowledge, integrity, temperament, pro bono work, and commitment to justice.
- May recommend, reject, or seek reconsideration.
6. Government’s Reconsideration Power
- The Centre may return recommendations once for reconsideration.
- If reiterated by the SCC, the government is bound to accept the recommendation.
- Inputs related to national security or public interest may still be raised before appointment.
7. Final Steps: Appointment and Notification
Once the SCC’s recommendations are accepted:
- The Union Law Minister sends the file to the Prime Minister, who advises the President of India.
- On Presidential approval, the Department of Justice issues a gazette notification.
Appointees must submit:
- Medical Certificate (Annexure-II)
- Birth Certificate (Annexure-III)
Conclusion
The meticulous appointment process for High Court judges underscores the balance between institutional independence, transparency, and accountability. By involving multiple stakeholders—including the judiciary, executive, intelligence agencies, and civil society inputs—India’s system strives to ensure that only the most capable, meritorious, and impartial individuals rise to the constitutional position of High Court judges.
Click here to View the Official Guidelines on the Appointment of the High Court Judges
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