Introduction

A retired judge of the Supreme Court or a retired judge of the High Court may be appointed by the Chief Justice of India to serve as a judge of the Supreme Court for a limited period of time in his or her absence. He may only take this action after receiving the approval of both the President of India and the person who would be nominated for the job. The salary and allowances that will be paid to the individual who has been picked in this situation will be determined by the President of India in consultation with the Prime Minister.

High Courts are provided under the Constitution.

  • According to Article 214 of the Indian Constitution, there must be a High Court in each of the states.
  • The establishment of a joint High Court for two or more states is authorised under Article 231 of the Constitution.
  • Under Article 219, each individual appointed to the position of High Court Judge must first appear before the Governor of the State and take and swear an oath or affirmation before taking up his or her position.

High Court Judges must meet certain requirements before being appointed to the position.

  • He must be an Indian citizen in order to be eligible for appointment as a judge of the High Court of the country.
  • Must have worked in a judicial position in India for a minimum of 10 years before applying.
  • He must have worked as an advocate in a High Court, or in two or more such Courts, for a minimum of ten years in a consecutive period of time.


High Court Judges Appointment

The President appoints the judges of the High Court. However, while appointing judges to High Courts other than the Chief Justice, the President must confer with the Chief Justice of India, the Governor of the State, and the Chief Justice of that High Court.

The Consultation Process is as follows: 

  • The appointment of High Court justices is decided by a Collegium consisting of the Chief Justice of India and four other senior-most judges in the country.
  • When it comes to developing the strategy, the Chief Justice of the relevant High Court and two other senior colleagues are teaming up to push a different approach.
  • Upon receipt of the Chief Minister’s counsel, the Governor should communicate the request to the Union Law Minister as soon as possible, according to the recommendation.
  • According to the Indian Constitution, judges of the High Court may be moved under the terms of Article 222, after consultation with the Chief Justice of India, if the Chief Justice of India approves the transfer.

Ad-hoc Judges

The judge appointed on short notice

  • A judge from the high court may be appointed to sit on the Supreme Court bench if there is an insufficient number of justices to form a quorum on the court’s bench.
  • It is only with the previous authorization of the President and after consultation with the Chief Justice of the relevant high court in question that such a move can be implemented.
  • During the course of fulfilling this task, the newly appointed judge is entitled to the remuneration, powers, and privileges accorded to Supreme Court judges.

Retired Judges

Judges who have retired

  • The Chief Justice of India may request a retired judge of the Supreme Court or a retired judge of the High Court to function as a judge of the Supreme Court for a limited term.
  • He may take this action only after obtaining the permission of both the President of India and the person who will be nominated for the position.
  • The President of India shall set the salary and allowances that will be paid to the individual who has been selected in this circumstance.

Need:

Currently, as of April 1 2021, there are 411 regular judges vacancies in the High Courts, against the sanctioned judicial strength of 1,080. The number of people working at the High Courts is 669.

Conclusion:

Because of a deficit of around 400 judges on the country’s High Courts, it is critical that the appointment process be changed as soon as possible. Only when both the court and the government are willing to participate in negotiations from a citizen-centric perspective will it be able to settle the potential increase in the number of cases pending in court. In this regard, revamping the collegium system represents an essential step forward in the right direction.