Law4u - Made in India

What is the process of appointment of High Court judges in India?

10-Mar-2023
High Court

Answer By law4u team

The appointment of High Court judges in India is a multi-step process, which involves the following: Recommendation by the High Court Collegium: The High Court Collegium, which is a group of senior judges of the High Court, recommends the names of eligible candidates for appointment as judges of the High Court to the Chief Justice of India (CJI). The Collegium considers various factors such as seniority, legal knowledge, and professional competence while recommending the names. Scrutiny by the Supreme Court Collegium: The CJI, along with four other senior judges of the Supreme Court, constitute the Supreme Court Collegium. The Collegium scrutinizes the recommendations made by the High Court Collegium and may suggest changes or additions to the list. Background Check: The Ministry of Home Affairs conducts a background check of the candidates recommended by the Collegium. This includes verifying the candidate's educational qualifications, professional experience, and criminal record, if any. Appointment by the President: Once the background check is complete, the file containing the names of the recommended candidates is sent to the President of India for final approval. The President may accept or reject the recommendation or ask for reconsideration of the same. Oath of Office: After the President's approval, the selected candidates are appointed as judges of the High Court and take the oath of office before the Chief Justice of the High Court. It is important to note that the process of appointment of High Court judges has been a subject of debate and controversy in India. In recent years, there have been calls for reforms in the process to make it more transparent and accountable.

Answer By Ayantika Mondal

Dear Client, According to the Collegium System (as developed by court rulings such as the Third Judges Case) the appointment of High Court judges is regulated by Article 217 of the Indian Constitution. Procedure for Appointments: The High Court Collegiums initiative. Names for appointment are recommended by the Chief Justice of the High Court after consulting with the two senior most judges of the same court. State authorities are consulted. The Chief Minister reviews the High Court's recommendation conferred with the state governor and then forwards it to the Union Law Ministry. Review by the Supreme Court Collegium. The Chief Justice of India and two of the highest ranking judges make up the Supreme Court Collegium which reviews the recommendation. Union Government Processing. The Union Law Ministry uses the Intelligence Bureau (IB) to perform background checks and intelligence after receiving approval from the Collegium. The appointment of the president. After the names are approved the President of India receives them and formally names the judge. Eligibility Requirements (per Article 217). A citizen of India is required. Must have served as a judge for ten years or served as a High Court advocate for ten years or longer. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

High Court Verified Advocates

Get expert legal advice instantly.

Advocate Avtar Singh

Advocate Avtar Singh

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, NCLT, Patent, Property, Recovery, RERA, Startup, Supreme Court, Tax, Trademark & Copyright

Get Advice
Advocate Gurpreet Singh

Advocate Gurpreet Singh

Arbitration, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, High Court, Media and Entertainment, Property, Recovery, Supreme Court, Child Custody, Divorce, Domestic Violence, Family, International Law, Muslim Law, Motor Accident, Wills Trusts, Bankruptcy & Insolvency

Get Advice
Advocate J K Sorout

Advocate J K Sorout

Anticipatory Bail, Banking & Finance, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Family, High Court, Insurance, Labour & Service, Motor Accident, Property, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Preeti JD

Advocate Preeti JD

Anticipatory Bail, Child Custody, Civil, Criminal, Divorce, Domestic Violence, Family, High Court, Property, Recovery, Supreme Court

Get Advice
Advocate Gayathri R

Advocate Gayathri R

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Nagesh BL

Advocate Nagesh BL

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, R.T.I, Recovery, Patent, Succession Certificate, Wills Trusts, Revenue, Startup

Get Advice
Advocate Tejendra Singh Gahlot

Advocate Tejendra Singh Gahlot

Cheque Bounce, Civil, Criminal, Divorce, High Court

Get Advice
Advocate Santosh Kalokhe

Advocate Santosh Kalokhe

Civil, GST, Domestic Violence, High Court, Tax, Customs & Central Excise, Criminal, Cheque Bounce, Succession Certificate

Get Advice
Advocate Soumen Paul

Advocate Soumen Paul

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Media and Entertainment, NCLT, Property, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Sp Kiran Raj

Advocate Sp Kiran Raj

Anticipatory Bail, Cheque Bounce, High Court, Family, Divorce, Documentation, Domestic Violence, Tax, GST, Supreme Court, Succession Certificate, Cyber Crime, Banking & Finance, Bankruptcy & Insolvency, Arbitration, Breach of Contract, Child Custody, Civil

Get Advice

High Court Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.