Appointment of Judges

In News: Pointing out that the problem of pendency of cases is “intensifying” due to lack of sufficient number of judges, Chief Justice of India again points out the delay in appointment of judges

Pendency of cases in India

• Reasons for this include growth of the Indian economy, population, rising awareness about rights etc.
• In the absence of infrastructure and sufficient number of judges commensurate with the increasing workload, the problem is intensifying.
• Thus there is a need for transforming and upgrading the judicial infrastructure in India, as well as filling up judicial vacancies and augmenting the strength.

Appointment of HC Judges:

• Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.
• In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
• Consultation Process: High Court judges are recommended by a Collegium
• The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
• The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
• The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States.
• The Collegium takes the call on the elevation.

Source: Indian Express

Previous Year Question

Q.1) Consider the following statements: (2019)

1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act 1968.
2. The Constitution of India defines and gives details or what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India.
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in 4 the Judges (Inquiry) Act, 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting.

Which of the statements given above is/are correct?

1. 1 and 2
2. 3 only
3. 3 and 4 only
4. 1, 3 and 4