Appointment of High Court Judges and Chief Justice, Procedure and Articles

Context: The SC Collegium recommended a new Chief Justice for 5 High Courts: Madhya Pradesh, Karnataka, Gauhati, Patna, and Jharkhand.

Appointment of High Court Judges

• Article 217: Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal.
  • This is done after consultation with the Chief Justice of India (CJI), the Governor of the State and the Chief Justice of the High Court.
• Qualifications: (Article-217)
  • Citizens of India
  • He/she should have held a Judicial office for at least 10 years.
  • They should have for at least 10 years been an advocate of a High Court.

Appointment Process of High Court Chief Justice

• Recommendation by Collegium: The Supreme Court Collegium (headed by the CJI and comprising 4 senior-most SC judges) recommends names for the Chief Justice of a High Court.
  • Seniority, merit, and regional representation are key considerations.
• Central Government’s Role: The Union Ministry of Law forwards the Collegium’s recommendation to the Prime Minister.
  • The PM advises the President on formal appointments.
  • The government can seek clarification cannot reject the Collegium’s recommendation indefinitely.
• Oath & Tenure: The appointed CJ takes oath under Article 219.
  • Retires at 62 years(Article 217(1)).

Procedure of Appointment of HC Judges

• Initiation: The proposals of names for appointment as a judge in the High Court are initiated by the Chief Justice of the concerned High Court.
• High Court Collegium:
  • The Chief Justice of the High Court consults the two senior-most judges of the High Court before proposing such names.
• Scrutiny by Government:
  • Recommendations of the HC Collegium are sent to the Governor, Chief Minister and the CJI.
  • The Governor, based on the advice of the Chief Minister, sends the proposal to the Minister of Law and Justice at the Centre.
  • The Union Law Ministry conducts a background check and sends the recommendation to the CJI to consider it with the rest of the SC collegium.

Supreme Court Collegium

• Composition of collegium: It consists of the CJI and two senior-most judges of the Supreme Court.
• Decision of collegium: The Supreme Court collegium then considers such names recommended by the High Court collegium.
  • SC collegium has the power to reject the names recommended by the High Court collegium.
• Decision of the Union government:
  • After due deliberations on such names, the Union Cabinet advises the President to appoint such persons as judges in the High Court.

Key Points

• Collegium System: Evolved from the Three Judges Cases(1981, 1993, 1998), it is a judicial precedent, not mentioned in the Constitution.
• Difference from CJI Appointment: CJI is appointed solely by seniority, while HC CJs are appointed based on Collegium recommendations.
• Controversies: Lack of transparency, delays in appointments, and government-judiciary tussles.

Elevation From High Court to Supreme Court Judge

Despite Justice B.V. Nagarathna’s dissent, Justice Pancholi was sworn in as a Supreme Court judge on 29 August 2025.

Process of Elevation of a Judge in India

• High Court to Supreme Court Elevation: Governed by Article 124(2) of the Constitution.
  • The Supreme Court Collegium, headed by the Chief Justice of India (CJI) and four senior-most judges, recommends names for appointment.
• Collegium Process:
  • The Collegium considers:
    • Merit and judicial performance (quality of judgments, integrity).
    • Seniority of judges across High Courts.
    • Regional representation (ensuring all states/HCs get a fair share).
    • Diversity factors – gender, caste, community, marginalised groups.
  • The Collegium consults senior SC judges familiar with the functioning of the concerned High Court.
• Executive Role: The Central Government (Law Ministry) receives Collegium recommendations and may:
  • Accept them, or return them once for reconsideration.
  • If the Collegium reiterates the recommendation, the government is bound to appoint.
• Formal Appointment: The President of India, under Article 124, makes the final appointment based on Collegium recommendations.

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