Organisation of High Court

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Organisation of High Court

 

  1. Every High Court shall consists of a Chief Justice and such other judges as the President of India may from time to time appoint.
  2. Besides, the President has the power to appoint:
  3. Additional Judges for a temporary period not exceeding two years, for the clearance of areas of work in a High Court;
  4. An acting judge, when a permanent judge of a High Court (other than Chief Justice) is temporarily absent or unable to perform his duties or is appointed to act temporarily as Chief Justice.
  5. But neither an additional nor an acting Judge can hold office beyond the age of 62 years (by 15th Amendment) Act age of retirement raised from 60 to 62.

 

Judges

Appointment of Judges

Every Judge of a High Court shall be appointed by the President. In making the appointment, the President shall consult the Chief Justice of India, the Governor of the State (and also the Chief Justice of that High Court in the matter of appointment of a Judge other than the Chief Justice).

 

Qualification of Judges

For appointment as a judge of a High Court the person must be an Indian citizen who has worked as a judge in any court in India for a period not less than ten years.

Advocates with a ten year standing in any High Court are also eligible besides jurists whom the President of India may consider as eminent.

 

Oath or affirmation by Judges of High Courts

Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

 

Tenure of Judges

The age of retirement in respect of the Judges of the High Court stands at 65 years.

They cannot be removed except though impeachment by both Houses of the Parliament in accordance with the procedure prescribed in the Constitution.

No judge has so far been removed by impeachment. In one instance where the impeachment proceedings had been initiated, the address could not muster the requisite majority.

 

Removal of Judges

A motion of impeachment addresed to the President and signed by 100 memebers of the Lok Sabha or 50 members of the Rajya Sabha, delivered to the Speaker of Lok Sabha or the Chairman of the Rajya Sabha. The motion shall be investigated by 3 judges of the Supreme Court and a distinguished Jurist.

If a judge is found “incapable or misbehaving”, a motion and report will be considered in each House. The judge is than removed by majority of 2/3 present and voting in each house. Finally, the President orders the removal of the Judge.

Removal of a High Court Judge does not find direct place in Article 217 of the Constitution of India. Under proviso (b) of Article 217, it has been laid that the procedure mentioned in article 124 would apply.

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