Justice Lisa Gill appointed Chief Justice of Andhra Pradesh High Court

Constitutional Basis of High Court and Chief Justice Appointment

Appointment Process of Chief Justice of High Court

• The Chief Justice of a High Court is appointed under Article 217 of the Constitution of India by the President of India.
• The process begins with the collegium headed by the Chief Justice of India, which recommends a suitable senior High Court judge for elevation as Chief Justice.
• The collegium system, which gives primacy to the judiciary in appointments, has evolved through the Second Judges Case and the Third Judges Case.
• As a convention, the senior-most judge is generally considered for appointment as Chief Justice, subject to suitability and integrity.
• The Union Law Ministry processes the recommendation and forwards it to the President after obtaining the views of the concerned state Governor.
• It is a settled practice to appoint the Chief Justice from outside the concerned High Court to ensure independence and avoid local bias.
• In many cases, the judge is transferred earlier under Article 222 to the concerned High Court so that they gain administrative experience before assuming office as Chief Justice.
• The appointment becomes effective after the President issues the warrant of appointment, and the Chief Justice takes oath before the Governor of the state.

Transfer of Judges and Collegium System

• Article 222 of the Constitution of India provides that a High Court judge can be transferred from one High Court to another by the President of India.
• Such transfer is made only after consultation with the Chief Justice of India, and this consultation is mandatory.
• The Constitution does not mention the collegium system; it has evolved through judicial decisions like the Second Judges Case and the Third Judges Case.
• Under the collegium system, the recommendation of the Chief Justice of India and senior Supreme Court judges has primacy in matters of transfer and appointment.
• The consent of the judge being transferred is not required.
• The Constitution allows payment of compensatory allowance to a transferred judge.
• Transfer of judges and appointment of Chief Justices from outside the state are used to reduce local influence and ensure judicial independence.
• The Constitution does not specify detailed grounds or procedure for transfer, making it largely dependent on judicial conventions.

Retirement Age

• High Court judges retire at the age of 62 years.
• This is different from Supreme Court judges, who retire at 65 years.

Removal of Judges

• The removal of a High Court judge is provided under Article 217(1)(b) read with Article 124(4) of the Constitution of India.
• A judge can be removed only on two grounds: proved misbehaviour or incapacity.
• The removal motion can be introduced in either House of Parliament.
• The motion must be signed by at least 100 members in Lok Sabha or 50 members in Rajya Sabha before being admitted.
• The presiding officer (Speaker/Chairman) may admit or refuse the motion.
• If admitted, a three-member inquiry committee is constituted under the Judges Inquiry Act, 1968, consisting of:

• A Supreme Court judge
• A Chief Justice of a High Court
• A distinguished jurist
• The judge has the right to defend himself/herself during the investigation.
• If the committee finds the judge guilty, the motion is taken up for voting in both Houses.
• The motion must be passed in each House by a special majority (majority of total membership + 2/3rd of members present and voting).
• After passage in both Houses, the order of removal is issued by the President of India.
• The Constitution does not use the term “impeachment” for judges.
• The same removal procedure applies to both Supreme Court and High Court judges

Control over Subordinate Courts – Article 235

• The High Court exercises administrative and disciplinary control over subordinate courts in the State.
• This ensures judicial discipline and independence of the lower judiciary.

Significance of the Appointment

The appointment of Justice Lisa Gill highlights the functioning of India’s constitutional judicial structure.

It also brings attention to:

• federal nature of judicial administration
• independence of the judiciary
•  importance of the collegium system
• constitutional role of the President in judicial appointments
• relationship between constitutional text and judicial conventions