This Article has been written by Nidash Prashar, a First Year Student at Rajiv Gandhi National University Of Law, Patiala.
Introduction:
A High Court judge is a judicial officer who presides over a High Court, which is the highest court of appeal in a state or union territory in India. High Court judges are appointed by the President of India, based on the recommendation of the Chief Justice of India and the governor of the concerned state.The primary role of a High Court judge is to interpret and enforce the law, hear and decide cases, and enforce legal remedies. They also have the power to issue writs, which are legal orders that direct government officials and public bodies to take or refrain from taking certain actions.
High Court judges play a crucial role in upholding the rule of law and protecting the rights of citizens. Their impartial and independent judgment is essential to the administration of justice and the maintenance of a fair and just society. Article 217 of the Constitution of India lays down the provisions for the appointment of High Court judges. According to this article, a person shall not be qualified for appointment as a judge of a High Court unless he is a citizen of India and has been for at least five years a judge of a court in territory in India, or has been for at least ten years an advocate of a High Court, or is, in the opinion of the President, a distinguished jurist.
Appointment of a High Court Judge
The appointment of a High Court judge in India is a multi-step process that involves the following steps:
1.Recommendation by the Chief Justice of India: The Chief Justice of India makes a recommendation for the appointment of a High Court judge to the President of India, based on the need for a new appointment in the High Court and the suitability of the candidate.
2.Consultation with the Governor: The President of India consults with the governor of the concerned state before making the appointment.
3.Approval by the President: The President of India approves the appointment after considering the recommendation of the Chief Justice of India and the consultation with the governor of the concerned state.
4.Oath of Office: Once the appointment is approved, the new judge takes the oath of office, administered by the Chief Justice of the concerned High Court or any other judge of the same court.
It is important to note that the appointment of a High Court judge is a constitutional post and is made in accordance with the provisions of Article 217 of the Constitution of India. The appointment procedure is designed to ensure that only highly qualified and capable individuals are appointed as High Court judges, and to maintain the independence and impartiality of the judiciary.
The dismissal of a High Court judge in India is a serious matter that can only be carried out through a specific process outlined in the Constitution of India. According to Article 217(1)(b) of the Constitution, a High Court judge can only be removed from office by an order of the President of India. The removal of a High Court judge can only be initiated on the grounds of proved misbehavior or incapacity, after an investigation and recommendation by the Supreme Court of India.
Removal of a High Court Judge
The procedure for the removal of a High Court judge involves the following steps:
1.Initiation of proceedings: Proceedings for the removal of a High Court judge can be initiated by a resolution passed by either house of Parliament, or by the President of India, based on the complaint of proved misbehavior or incapacity.
2.Investigation by the Supreme Court: The Supreme Court of India conducts an investigation into the allegations of misbehavior or incapacity.
3.Recommendation by the Supreme Court: Based on the results of its investigation, the Supreme Court of India makes a recommendation to the President of India, either for or against the removal of the High Court judge.
4.Order by the President: The President of India issues an order for the removal of the High Court judge, based on the recommendation of the Supreme Court of India.
It is important to note that the removal of a High Court judge is a rare occurrence and is only carried out in exceptional circumstances, to maintain the integrity and independence of the judiciary. The process for the removal of a High Court judge is designed to protect the rights of the judge and to ensure that the removal is carried out in a fair and impartial manner.
Salary of A High Court Judge
The salary of a High Court judge in India is determined by the Government of India and is revised from time to time. The basic salary of a High Court judge is Rs. 2,50,000 per month. In addition to the basic salary, judges also receive other allowances such as a sumptuary allowance, rent-free accommodation, and facilities for transportation, etc.
The provisions regarding the salary of a High Court judge are enshrined in Article 124(7) of the Constitution of India, which states that the conditions of service of a judge of a High Court shall not be varied to their disadvantage after their appointment. This means that once a High Court judge is appointed, their salary and other benefits cannot be reduced during their tenure.
The salary and service conditions of High Court judges in India are regulated by the Constitution of India and various other laws and regulations. High Court judges are entitled to various perks and benefits, including a pension after retirement, medical facilities for themselves and their families, and other facilities such as free accommodation and transportation.
In addition to the salary and benefits, High Court judges are also entitled to certain privileges and immunities, such as immunity from arrest and detention in certain circumstances, and exemption from jury duty. These privileges and immunities are granted to ensure the independence and impartiality of the judiciary, and to enable judges to carry out their duties without fear or favor.
Functions Of A High Court Judge
High Court judges in India are responsible for dispensing justice and ensuring the rule of law in the country. They are at the forefront of upholding the rights and freedoms guaranteed by the Constitution of India, and play a critical role in the administration of justice in the country.
Some of the key services provided by High Court judges include:
1.Adjudication of cases: High Court judges are responsible for hearing and deciding a wide range of cases, including civil and criminal cases, and cases related to constitutional law and human rights.
2.Interpretation of laws: High Court judges are responsible for interpreting laws and resolving disputes between different parties.
3.Protection of rights and freedoms: High Court judges play a crucial role in protecting the rights and freedoms of citizens, and ensuring that they are not violated by the state or other individuals.
4.Review of lower court decisions: High Court judges have the power to review decisions made by lower courts, and to set aside any decisions that are found to be illegal or unjust.
5.Administration of justice: High Court judges are responsible for ensuring that the administration of justice is carried out in an efficient and fair manner, and that all parties are treated equally and with dignity.
6.Writ jurisdiction: High Court judges have the power to issue writs, such as habeas corpus, mandamus, prohibition, and certiorari, to enforce fundamental rights and protect citizens from arbitrary and unjust actions by the state.
7.Supervision of lower courts: High Court judges are responsible for supervising the functioning of lower courts and ensuring that they are carrying out their duties in accordance with the law.
8.Appointment of lower court judges: High Court judges play a key role in the appointment of judges to lower courts, and are involved in the selection and recommendation of candidates for appointment as judges.
9.Representation of the state: High Court judges are often called upon to represent the state at national and international events, and to participate in legal seminars and conferences.
10.Advisory role: High Court judges are sometimes asked to provide advice and guidance to the government on legal and constitutional matters.
11.Promoting legal education: High Court judges play an important role in promoting legal education and knowledge in the country, and are often invited to speak at legal events and conferences.
12.Maintenance of legal records: High Court judges are responsible for maintaining accurate and complete records of all cases that come before them, and for preserving the integrity of the legal system.
In conclusion, High Court judges play a critical role in the administration of justice in India. They are responsible for dispensing justice and resolving disputes, protecting citizens’ rights and freedoms, and ensuring that the rule of law is maintained. High Court judges are appointed through a rigorous process that ensures their independence, impartiality, and integrity. They are entitled to a salary and benefits that enable them to carry out their duties without fear or favor, and are subject to certain privileges and immunities that ensure their independence and impartiality. High Court judges perform a wide range of functions that are critical to the functioning of the justice system and the protection of citizens’ rights and freedoms. They play a vital role in ensuring that justice is served and that the rule of law is maintained in the country.
REFERENCES:
Pay, Allowance and Pension | Department of Justice | India (doj.gov.in)
Powers And Functions of High Court Judges (unacademy.com)
High Court: Appointments, transfer, powers, functions and jurisdiction – Law Times Journal
High Court – Composition, Judges, Jurisdiction, and Powers (2021) (writinglaw.com)
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