Constitutional Provisions for Appointment of Chief Justice of High Courts

Constitutional Provisions for Appointment of Chief Justice of High Courts

The appointment of Chief Justices of High Courts in India is governed by several constitutional provisions and guidelines laid down by the Supreme Court Collegium. The Constitution of India, particularly Articles 217 and 222, outlines the framework for the appointment of Judges and Chief Justices of High Courts. In conjunction with these, the Memorandum of Procedure (MoP), developed based on various Supreme Court rulings, plays a crucial role in guiding the appointment process.

Article 217: Appointment of High Court Judges

Article 217 of the Constitution lays down the qualifications and procedure for the appointment of Judges to High Courts. According to this Article:

- A Judge of a High Court, including the Chief Justice, is appointed by the President of India.

- The President consults with the Chief Justice of India (CJI), the Governor of the respective state, and sometimes the Chief Justice of the High Court concerned.

- The Judge must have served as a judicial officer for at least 10 years or must have practiced as an advocate in a High Court for at least 10 years.

This Article is the bedrock for appointments, ensuring that qualified individuals with judicial experience or practice are appointed to the High Courts.

Article 222: Transfer of High Court Judges

Article 222 provides for the transfer of Judges, including Chief Justices, between different High Courts. It grants the President the power to transfer a Judge of a High Court to another High Court after consultation with the Chief Justice of India. This provision is often invoked when a senior Judge is promoted to the position of Chief Justice in another High Court, or when the Collegium decides to transfer a Judge for administrative or other reasons.

Role of the Supreme Court Collegium

The Supreme Court Collegium, headed by the Chief Justice of India, plays a pivotal role in the appointment and transfer of Chief Justices. The Collegium consists of the CJI and the four seniormost Judges of the Supreme Court. It considers various factors such as seniority, competence, integrity, and diversity when recommending appointments.

The Memorandum of Procedure (MoP)

The Memorandum of Procedure provides detailed guidelines for the appointment and transfer of Chief Justices of High Courts. It emphasizes that:

- The seniormost Judge of a High Court is typically appointed as the Chief Justice, provided they have not been transferred recently.

- The Collegium strives to maintain inter-state diversity by ensuring that a Chief Justice is usually appointed from a different state or jurisdiction.

- The Chief Justice of India plays a critical role in recommending names for appointment, which are forwarded to the Union Government for approval.

- In case a Chief Justice is transferred, they are usually appointed to a larger or more significant High Court.

Recent Appointments (As per 17 September 2024 Order)

In the document provided, the Supreme Court Collegium made recommendations for the appointment of several Chief Justices of High Courts, including:

1. Justice Manmohan - Appointed as Chief Justice of the Delhi High Court.

2. Justice Rajiv Shakdher - Appointed as Chief Justice of the Himachal Pradesh High Court.

3. Justice Suresh Kumar Kait - Appointed as Chief Justice of the Jammu and Kashmir and Ladakh High Court.

4. Justice G.S. Sandhawalia - Appointed as Chief Justice of the Madhya Pradesh High Court.

5. Justice Nitin Madhukar Jamdar - Appointed as Chief Justice of the Kerala High Court.

6. Justice Tashi Rabstan - Appointed as Chief Justice of the Meghalaya High Court.

The Collegium's recommendations were based on factors such as seniority, integrity, and the administrative requirements of different High Courts.

Significance of Diversity and Representation

The Collegium, in its recent recommendations, also took into account regional representation and diversity in appointments. For instance, Justice Tashi Rabstan, who hails from Ladakh and belongs to the Bot Scheduled Tribe, was appointed as the Chief Justice of Jammu and Kashmir and Ladakh High Court. His appointment marks a significant step towards promoting diversity in the judiciary, as Ladakh has had limited representation in the High Courts.

Conclusion

The appointment of Chief Justices of High Courts is a constitutionally regulated process, involving consultation between the President, the Chief Justice of India, and the Governor of the respective states. Articles 217 and 222 of the Constitution, along with the guidelines set by the Memorandum of Procedure, ensure that these appointments are based on merit, seniority, and the need for judicial diversity. The recent recommendations by the Supreme Court Collegium underscore the importance of transparency and regional representation in the appointment process.