Additional Judges of High Court
Q. Which of the following is/are true?
1) Acting Chief Justice of High Court is appointed by the President.
2) A distinguished Jurist cannot be appointed as High Court judge.- Published on 09 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
Transfer of Judges of High Court -
- The President can transfer a judge from one High Court to another.
- For this prior consultation with Chief Justice of India is needed.
- In 1994, the Supreme Court said that judicial review is needed to check arbitrariness in transfer of judges.
- However, only the judge who is transferred can challenge the transfer.
In the Third Judges case (1998), the Supreme Court said that in case of the transfer of High Court judges, the Chief Justice of India should consult -
(a) collegium of four senior-most judges of the Supreme Court; and
(b) the Chief Justice of the two High Courts (one from which the judge is being transferred and the other receiving him).
Acting Chief Justice - Judge can be appointed acting Chief Justice of that High Court by the President if -
(a) the Chief Justice of the High Court is temporarily absent; or
(b) the office of Chief Justice of the High Court is vacant; or
(c) the Chief Justice of the High Court is unable to perform the duties of his office.
Additional and Acting Judges -
- Duly qualified persons can be appointed as additional judges of a High Court for a temporary maximum period of two years by the President.
Duly qualified person can also be appointed as an acting judge of a High Court by the President when a judge of that High Court (other than the Chief Justice) is -
(a) appointed to act temporarily as Chief Justice of that High Court; or
(b) unable to perform the duties of his office due to absence or any other reason.
- An acting judge holds office until the permanent judge resumes his office.
- But, after attaining age of 62 years even the additional or acting judge cannot hold office.
Retired Judges -
- With the prior consent of the President of India, the Chief Justice of High Court can request a retired judge of that High Court or any other High Court to act as a judge of the High Court for a temporary period.
- He also needs consent of the person to be so appointed.
- The President determines the allowances of such a judge.
- He will enjoy all the jurisdiction, powers and privileges of a judge of High Court, but will not otherwise be considered to be a judge of the High Court.
