How to appoint High Court judges
According to Advocate Anil Kumar Singh Srinet in Delhi, High Court judges are appointed under Article 217 of the Constitution of India. This process consists of the President of India, CJI and the Governor of the concerned state. The objective is that only qualified and experienced people should be appointed to this important position.
The collegium decides who will become a High Court judge
Anil Kumar Singh says that when a post in the High Court is vacant, the Chief Justice of that court consults senior judges and prepare a list of appropriate candidates. This list is sent to the Chief Minister of the state, who send it to the Governor. The list then reaches the Union Law Ministry, from where it is sent to CJI and Supreme Court Collegium. The Supreme Court with a group of CJI and two senior judges examines the qualification of the collegium candidates and sends the final recommendation to the President.
Right to return recommendation to the President
The President has the right to accept the recommendation of the collegium or send it back to reconsideration. However, if the collegium sends the name of the same person again, the President has to appoint that person as Justice. After the appointment, the judge has to take oath before the Governor of the concerned state.
Who can become a judge of the High Court
To become a Justice of the High Court, a person must be an Indian citizen. he/she should either practice as a lawyer in a High Court for 10 years or experience working in judicial service for 10 years. From this it is ensured that only experienced and qualified people become Justices.
Judges to the judges so that they can work without pressure
According to Advocate Anil Kumar Singh, Parliament decides the salary of the judges of the High Court and also revise from time to time. The judges are given good salary and facilities, so that they can do their work without any pressure or corruption. Currently, the Chief Justice of the High Court gets a salary of Rs 2.5 lakh a month. At the same time, other judges are paid Rs 2.25 lakh per month. In addition, they get dearness allowance, house rent allowance and medical facilities. Besides, transport allowance, leave travel convention, provident funds, gratuity and pension are also available. These facilities help to maintain the freedom of the judge.
Judge’s salary can be deducted in just one situation
According to Anil Kumar Singh, according to the Indian Constitution, no deduction can be done in the salary of judges during his/her tenure. This deduction can be done only when the financial emergency is implemented. Actually, the thinking behind this is that the independence of the judiciary can be maintained. No one could pressurize the judges with money. In addition, pension is given to the judges of the High Court after retirement.
What is the rule of the High Court judge
Advocate Anil Kumar Singh says that the High Court judges remain in the post till the age of 62 years. However, he/she can voluntarily withdraw from his/her post by resigning in writing to the President. If the charges are found to be correct in the investigation in Justice Verma’s case, then they can be asked to resign voluntarily. In addition, if a Justice is appointed to the Supreme Court or transferred to another High Court, their current post is abolished.
The Supreme Court may take some strict steps to maintain the judiciary’s purity. An inquiry committee has been formed against the judge in the case of cash. If something is found against the judge in the investigation, he/she can be asked to resign voluntarily. This is a legal process. In addition, impeachment can also be run. However, this is a complex process.
Anil Kumar Singh, Srinet, Advocate, Supreme Court
The first impeachment was on the Governor General of India
In England, the impeachment process was born only through the Trust rights of the Government Council Curia Resis. From 1700 AD, it was set to prosecute judges and ministers. In the 16th century in England, India’s Governor General Warren Hastings and Lord Melville (Henry Wests) were impeached.
President runs impeachment in America
According to the Constitution of America, the President, Vice President and the rest of the ministers of that country will be removed from their post only when the allegations of treason, bribe and any other special misdeeds are proved by impeachment. The punishment for impeachment in England is not fixed, but is removed from the post in America. However, the process of impeachment on several presidents including Donald Trump started, but it could not reach the end.
Impeachment process in India is taken from Ireland
The impeachment process in the Indian Constitution is taken from the Constitution of Ireland. Impeachment is the process that is used to remove the judges of the President and the Supreme Court or High Court. This is mentioned in Articles 61, 124 (4), (5), 217 and 218 of the Constitution.
Long and complex process of impeachment difficult
If a Justice is to be removed from his/her post, then impeachment process is adopted for this. This is a long and difficult process to protect the judges from political interference. Under Article 217 (1) (B) and Article 124 (4) of the Constitution, justis can be removed only on the basis of misbehavior or incapacation. If an impeachment motion is to be brought against a Justice, it can be introduced in any House of Parliament.
It is necessary to do this to bring impeachment motion
Impeachment against a judge can be introduced in any House of Parliament i.e. the Lower House Lok Sabha or the Upper House Rajya Sabha. If the proposal is being introduced in the Lok Sabha, then at least 100 members of the Lok Sabha and the Rajya Sabha are being introduced in it, then at least 50 members of the Rajya Sabha are required to be signed.
Investigating first proposal, then impeachment process
The process of removing a judge can go ahead only after the Lok Sabha Speaker or Rajya Sabha Chairman accepts the signed proposal of MPs. The Lok Sabha Speaker or Chairman forms a committee for initial investigation of this proposal. The committee consists of a judge of the Supreme Court, a Chief Justice of the High Court and a law specialist. The committee investigates the allegations against the judge and gives its report. If the allegations in the committee report are found to be correct, then impeachment motion is presented in Parliament.
Two-thirds majority needed to pass impeach motion
Anil Kumar Singh says that according to Article 124 (4) of the Constitution, the process of removing the judge goes on only when this proposal gets the support of the majority from the total members of both the houses. Also, the number of MPs supporting the proposal should not be less than two -thirds of members present and voting in the House. After the completion of the entire process of removing the judge, this proposal goes to the President. After this, judges can be removed only on the orders of the President.
In house investigation to maintain the autonomy of the judiciary
To maintain the autonomy and credibility of the judiciary, the judiciary has also established its internal mechanism (In House Inquiry). The judiciary investigates the allegations against its members through in-house investigation processes. This mechanism ensures that action against judges is fair and transparent. Also, they can be protected from unnecessary external pressure. Of. The Supreme Court’s decision in the Veeraswamy case maintains a balance between judicial accountability and freedom. The President’s approval and the need to consult the Chief Justice protects the judges from improper harassment, while it also ensures that they are not above the law.
