Chapter Info (Click Here)
Book No. – 006 (Indian Polity)
Book Name – Introduction to the Indian Constitution (D.D. Basu)
What’s Inside the Chapter? (After Subscription)
1. High Courts in India
2. National Judicial Appointments Commission (NJAC)
3. Salaries and Allowances of High Court Judges
4. Qualifications for Appointment
5. Safeguards for Judicial Independence
6. Control of the Union over High Courts
7. Provisions Affecting Independence of High Court Judges
8. Jurisdiction of High Courts
9. Superintendence of High Courts over Courts and Tribunals
10. Quasi-Judicial Authorities and Tribunals
11. Extraordinary Jurisdiction under Articles 32 and 226
12. Public Interest Litigation (PIL).
13. Administrative Control of High Courts over Subordinate Judiciary.
14. Impact of Constitutional Amendments and Administrative Tribunals
15. Environmental and Specialized Tribunals
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The High Court
Chapter – 23
High Courts in India
According to Article 214 of the Constitution, there shall be a High Court in each State. However, Parliament has the power to establish a common High Court for two or more States under Article 231. The High Court stands at the head of the judiciary in the State.
Composition of High Courts:
Every High Court shall consist of a Chief Justice and such other judges as the President of India may from time to time appoint.
The President also has the power to appoint:
Additional judges for a temporary period not exceeding two years to clear arrears of work in a High Court.
An acting judge, when a permanent judge (other than the Chief Justice) is temporarily absent, unable to perform duties, or appointed as acting Chief Justice.
The acting judge holds office until the permanent judge resumes office.
Neither an additional nor an acting judge can hold office beyond the age of 62 years.
Appointment of High Court Judges:
Every judge of a High Court is appointed by the President of India.
In making the appointment, the President must consult:
The Chief Justice of India (CJI)
The Governor of the State
The Chief Justice of the High Court (in the case of appointment of a judge other than the Chief Justice)
Participatory Consultative Process
A nine-judge Bench of the Supreme Court held that the appointment of High Court judges is an integrated participatory consultative process. Key principles include:
The process must collectively involve all constitutional functionaries to select the best and most suitable candidates.
The proposal for appointment must be initiated by the Chief Justice of the High Court.
In case of conflicting opinions, the view of the CJI, formed in consultation with two senior-most Supreme Court judges from that State, shall have supremacy.
No appointment can be made without conformity to the opinion of the CJI.
In exceptional cases, where strong reasons indicate unsuitability of a recommendee, the CJI may be overruled only with disclosure of reasons and if the CJI and consulted judges insist, the appointment shall be made as a healthy convention.
Under Article 143, the President of India made a reference to the Supreme Court regarding consultation in appointments.
The Supreme Court clarified that consultation with the CJI implies consultation with a plurality of judges, not solely the CJI.
A collegium comprising the CJI and two senior-most judges of the Supreme Court should make the recommendation.
The collegium must consider:
The opinion of the Chief Justice of the concerned High Court, which carries greatest weight
Views of other judges of the High Court
Views of Supreme Court judges familiar with the affairs of that High Court
Written opinions of judges who were previously puisne judges or Chief Justices in that High Court
Recommendations made without compliance with this process are not binding on the Government of India.
The Union of India has the ultimate authority to approve appointments.