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 Imran Aziz Sheikh

Advocate Imran Aziz Sheikh

Banking & Finance, Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue, Civil, Armed Forces Tribunal, Consumer Court, GST, Landlord & Tenant

Get Advice
Advocate Ajay Sharma

Advocate Ajay Sharma

Anticipatory Bail, Banking & Finance, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Revenue, Medical Negligence, Civil, Customs & Central Excise, Wills Trusts, Trademark & Copyright, Succession Certificate, Labour & Service, Insurance, Documentation, Child Custody

Get Advice
Advocate Dr Rajiv Basant Chaudhary

Advocate Dr Rajiv Basant Chaudhary

Criminal, Cheque Bounce, Domestic Violence, Divorce, Succession Certificate, Wills Trusts, High Court, Civil, Arbitration, Anticipatory Bail, Property, Recovery, Landlord & Tenant, Cyber Crime, Corporate, Child Custody

Get Advice
Advocate Rakesh Upadhyay

Advocate Rakesh Upadhyay

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, R.T.I, Recovery, Succession Certificate

Get Advice
Advocate Mohamed Dhurabudeen

Advocate Mohamed Dhurabudeen

Breach of Contract, Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Immigration, International Law, Landlord & Tenant, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, NCLT, Property, Revenue, Wills Trusts, Succession Certificate

Get Advice
Advocate Der Milankumar

Advocate Der Milankumar

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,High Court,

Get Advice
Advocate Vishakha Mangesh Jadhav

Advocate Vishakha Mangesh Jadhav

Anticipatory Bail,High Court,Domestic Violence,Wills Trusts,Cheque Bounce,

Get Advice
Advocate Sonal

Advocate Sonal

Civil, Criminal, Divorce, Family, High Court

Get Advice
Advocate Anoop Rai

Advocate Anoop Rai

Criminal, Consumer Court, Cheque Bounce, Banking & Finance, Anticipatory Bail, Arbitration, Armed Forces Tribunal, Child Custody, Court Marriage, Cyber Crime, Documentation, Divorce, Domestic Violence, High Court, Family, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Patent, Property, Succession Certificate, Trademark & Copyright, Revenue

Get Advice
Advocate Rajpreet Kaur

Advocate Rajpreet Kaur

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Property, R.T.I, Recovery, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue, Civil, Cyber Crime, Tax

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.