Table of Contents
Relevance: :GS Paper II – Polity | Judiciary | Constitutional Bodies GS Paper II – Governance | High Courts | Judicial Appointments
For Prelims:
Article 214, Article 217, Article 222, Article 226, Article 215, Article 235, High Court Chief Justice, Puisne Judge, Collegium System, Warrant of Appointment, Transfer of Judges
For Mains:
Judicial Independence, Collegium System, High Court Administration, Federal Judiciary, Judicial Appointments and Transfers
Why in News?
- Justice Lisa Gill has assumed charge as the Chief Justice of the Andhra Pradesh High Court after being sworn in by Governor S. Abdul Nazeer at Lok Bhavan.
- She took office following the retirement of the previous Chief Justice, Justice Dhiraj Singh Thakur. Her appointment is significant because it reflects the constitutional process of appointment of High Court Chief Justices and also highlights the judicial convention of transferring judges in advance before elevation as Chief Justice.
- This development is important for prelims because questions are frequently asked on High Court appointments, tenure, retirement age, transfer of judges, and writ jurisdiction.
Constitutional Position of High Courts
- The Constitution of India provides for a High Court for each State under Article 214.
- A High Court is the highest judicial authority at the State level and functions as the principal civil and criminal court of original and appellate jurisdiction.
- Some High Courts may serve more than one State or Union Territory. For example, the Punjab and Haryana High Court serves both Punjab and Haryana as well as Chandigarh.
- The Andhra Pradesh High Court functions as the highest constitutional court for the State of Andhra Pradesh.
- High Courts are an essential part of India’s integrated judicial system and act as the link between the Supreme Court and subordinate courts.
Appointment of the Chief Justice of a High Court
Aspect | Key Points |
Constitutional Provision | Article 217 of the Constitution of India |
Appointing Authority | President of India |
Consultation | Chief Justice of India (CJI) and Governor of the State |
Actual Practice | Collegium System (CJI + senior Supreme Court judges recommend names) |
Final Step | President issues Warrant of Appointment |
Eligibility | Citizen of India; 10 years as High Court judge OR 10 years as High Court advocate |
Tenure | Till 62 years of age |
Removal | Only through impeachment by Parliament |
Key Idea | Ensures judicial independence through consultative appointment process |
Oath of Office
- After appointment, the Chief Justice takes the oath of office and secrecy before entering office.
- The oath is administered by the Governor of the State.
The Chief Justice swears to:
- bear true faith and allegiance to the Constitution
- uphold the sovereignty and integrity of India
- duly and faithfully perform duties without fear or favour, affection or ill will
- This oath is prescribed under the Third Schedule of the Constitution.
- In the present case, Governor S. Abdul Nazeer adminstered the oath to Justice Lisa Gill.
Transfer of Judges and Article 222
- Before becoming Chief Justice of Andhra Pradesh High Court, Justice Lisa Gill had been transferred from the Punjab and Haryana High Court.
- This transfer is governed by Article 222 of the Constitution.
- Under Article 222, the President may transfer a judge from one High Court to another after consultation with the Chief Justice of India.
- A recent judicial convention is that a judge likely to become Chief Justice of a High Court is transferred in advance so that the incoming Chief Justice becomes familiar with the administration and functioning of that court.
- This is not a constitutional requirement but an important administrative practice.
Meaning of Puisne Judge
- Before assuming office as Chief Justice, Justice Lisa Gill served as a puisne judge.
- A puisne judge means a regular judge of a High Court who is not the Chief Justice.
Tenure and Removal
- A judge of a High Court, including the Chief Justice, holds office until the age of 62 years.
- This is an important prelims fact because Supreme Court judges retire at the age of 65 years.
- A High Court judge can resign by writing to the President of India.
- Removal is possible only through impeachment by Parliament on grounds of proved misbehaviour or incapacity.
The removal process is the same as that of a Supreme Court judge and ensures judicial independence.
Powers and Functions of the Chief Justice
The Chief Justice of a High Court performs both judicial and administrative functions.
Judicial Functions include:
- allocation of cases to benches
- constitution of division benches and full benches
- hearing of important constitutional and public interest cases
- supervision of judicial discipline within the High Court
Administrative Functions include:
- control over High Court administration
- management of judicial roster
- supervision of registry and court administration
- administrative control over subordinate courts under Article 235
- coordination of judicial reforms and digitalisation
- The Chief Justice therefore acts as both a senior constitutional judge and the administrative head of the State judiciary.
Writ Jurisdiction under Article 226
One of the most important powers of the High Court is its writ jurisdiction under Article 226.
The High Court can issue writs for:
- enforcement of Fundamental Rights
• and also for other legal rights - This makes Article 226 broader than Article 32 of the Supreme Court, which is limited mainly to Fundamental Rights.
Court of Record and Supervisory Role
Under Article 215, every High Court is a Court of Record.
This means:
- its records have evidentiary value
- it has the power to punish for contempt of itself
Under Article 235, the High Court exercises control over subordinate courts in the State.
- This includes posting, promotion, discipline, and supervision of district and subordinate judiciary.
CARE MCQ
Q. Consider the following statements regarding the Chief Justice of a High Court:
- The Chief Justice of a High Court is appointed by the President of India under Article 217.
- The retirement age of a High Court judge is 65 years.
- A High Court can issue writs for both Fundamental Rights and other legal rights.
Which of the statements given above are correct?
(a) 1 and 3 only
(b) 2 and 3 only
(c) 1 and 2 only
(d) 1, 2 and 3
Answer: (a)
Explanation
Statement 1 is correct because Article 217 governs appointment of High Court judges including the Chief Justice.
Statement 2 is incorrect because High Court judges retire at 62 years, while Supreme Court judges retire at 65 years.
Statement 3 is correct because Article 226 allows writs for Fundamental Rights as well as other legal rights.
Therefore, the correct answer is (a)
APPSC Mains Question
Q. Examine the constitutional framework governing the appointment, transfer, and powers of the Chief Justice of a High Court in India.
(250 words)
FAQs
1.Under which Article is the Chief Justice of a High Court appointed?
Ans: The appointment is made under Article 217 of the Constitution of India.
2.Who administers the oath to the Chief Justice of a High Court?
Ans: The Governor of the concerned State administers the oath of office.
3.What is a puisne judge?
Ans: A puisne judge is any regular High Court judge other than the Chief Justice.
4.Which Article deals with transfer of High Court judges?
Ans: Article 222 deals with the transfer of judges from one High Court to another.
5.Why is Article 226 important?
Ans: Article 226 empowers High Courts to issue writs and provides wider writ jurisdiction than Article 32 of the Supreme Court.
