Key Facts
- Recommendation: Supreme Court collegium recommended 9 advocates for elevation as judges of Calcutta High Court
- Appointing Authority: High Court judges are appointed by the President under Article 217 of the Constitution
- Consultation Process: The President appoints judges after consultation with:
- Chief Justice of India (CJI)
- Governor of the state
- Chief Justice of the concerned High Court (for judges other than Chief Justice)
Constitutional Provisions for Judge Appointments
Supreme Court Judges
| Article | Provision | Key Features |
|---|---|---|
| Article 124 | SC Judge Appointment | President appoints in consultation with CJI and other judges |
| Article 126 | Acting CJI | President appoints when CJI office is vacant |
| Article 127 | Ad hoc Judges | CJI can request HC judges to sit as ad hoc SC judges with President's consent |
| Article 128 | Retired Judges | CJI can request retired SC/HC judges to sit as judges with President's consent |
High Court Judges
| Article | Provision | Key Features |
|---|---|---|
| Article 217 | HC Judge Appointment | President appoints after consulting CJI, Governor, and HC Chief Justice |
| Article 223 | Acting Chief Justice | President appoints when HC CJ office is vacant |
| Article 224(1) | Additional Judges | President appoints for temporary business increase, max 2 years |
| Article 224(2) | Acting Judges | President appoints when sitting judge is absent |
| Article 224A | Ad hoc Judges | CJ of HC can request retired HC judges with President's consent |
Significance for UPSC Preparation
- Judicial Independence: The appointment process ensures independence of judiciary from executive interference through collective consultation
- Collegium System: The SC collegium system (evolved through judicial activism) is a key topic for Mains
- Constitutional Basics: Articles 217, 224, and related provisions are frequently asked in Prelims
- Check and Balance: The consultation process reflects federal structure and separation of powers
Frequently Asked Questions
Q1: Who is involved in consultation process for HC judge appointment? Under Article 217, the President consults CJI, Governor of the state, and Chief Justice of the concerned High Court.
Q2: How is Acting Chief Justice of HC appointed? Under Article 223, when HC CJ office is vacant or CJ is unable to perform duties, President appoints another judge of that HC.
Q3: What are Additional Judges? Under Article 224(1), President can appoint Additional Judges for maximum 2 years to handle temporary increase in business or clear arrears.