Context
The President of India, in exercise of the power conferred by clause (l) of Article 217 of the Constitution of India appointed 4 additional judges of Karnataka High Court as Judges of High Court
What is additional judge of HC?
- The President can appoint duly qualified persons as additional judges of a High Court for a temporary period not exceeding two years when:
- There is a temporary increase in the business of the high court; or
- There are arrears of work in the high court.
How one does qualifies to become a judge of HC?
- A person to be appointed as a judge should have the following qualifications:
- He should be a citizen of India.
- He should have held a judicial office in the territory of India for ten years; or
- He should have been an advocate of a high court (or high courts in succession) for ten years.
From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of a high court
What is the appointment procedure to Judge of HC?
- The judges of a high court are appointed by the President under Article 217.
- The chief justice is appointed by the President after consultation with the chief justice of India and the governor of the state concerned.
- For appointment of other judges, the chief justice of the concerned high court is also consulted.
- In case of a common high court for two or more states, the governors of all the states concerned are consulted by the president
How judges of HC can be removed?
- The Judges Inquiry Act (1968) regulates the procedure relating to the removal of a judge of a high court by the process of impeachment:
- A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case of Rajya Sabha) is to be given to the Speaker/Chairman.
- The Speaker/Chairman may admit the motion or refuse to admit it.
- If it is admitted, then the Speaker/Chairman is to constitute a three member committee to investigate into the charges.
- The committee should consist of (a) the chief justice or a judge of the Supreme Court, (b) a chief justice of a high court, and (c) a distinguished jurist.
- If the committee finds the judge to be guilty of misbehaviour or suffering from an incapacity, the House can take up the consideration of the motion.
- After the motion is passed by each House of Parliament by special majority, an address is presented to the president for removal of the judge.
- Finally, the president passes an order removing the judge.
From the above, it is clear that the procedure for the impeachment of a judge of a high court is the same as that for a judge of the Supreme Court.
