Appointment of Judges

General Studies: 2

Pointing out that the problem of pendency of cases is “intensifying” due to lack of sufficient number of judges, Chief Justice of India again points out the delay in appointment of judges

Pendency of cases in India

• Reasons for this include growth of the Indian economy, population, rising awareness about rights etc.
• In the absence of infrastructure and sufficient number of judges commensurate with the increasing workload, the problem is intensifying.
• Thus there is a need for transforming and upgrading the judicial infrastructure in India, as well as filling up judicial vacancies and augmenting the strength.

Appointment of HC Judges:

• Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.
• In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
• Consultation Process: High Court judges are recommended by a Collegium
• The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
• The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
• The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States.
• The Collegium takes the call on the elevation.