Appointment of judges of high court in india. Collegium System : Appointment of Judges in India ⋆ LAWYERSGYAN 2019-01-21

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Appointment & transfer of judges

appointment of judges of high court in india

It is said that the , created in , was strengthened in Indira Gandhi's case and set in stone in. Former prime minister Manmohan Singh, has stated that corruption is one of the major challenges facing the judiciary, and suggested that there is an urgent need to eradicate this menace. The article enlightens us on several aspects of judicial appointments and mentions that many of the names suggested in the list sent by Allahabad High Court do not fulfill many of the eligibility conditions for appointment of judges. One of the eminent persons shall be nominated amongst the persons belonging to the Schedule Cast, the Schedule Tribes, Other backward class, Minorities or Women. For this, one needs an independent full-time body, which is independent of both the judiciary and the government. Each High Court is a Court of Record and has power of such a court, including the power to punish for its contempt.

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High Courts

appointment of judges of high court in india

In the judgment of the Third Judges case, paragraph 26 clearly states that only a unanimous reiteration entails an appointment. Supreme Court Judges retire upon attaining the age of 65 years. Justice Khanna remains a legendary figure among the legal fraternity in India for this decision. However, government generally uses the retired higher judiciary judges as heads of various commissions. One would expect that the most stressed courts should get a good share of new judges. The working strength of judges has not changed for the three high courts of Jharkhand, Meghalaya and Sikkim.

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High Court

appointment of judges of high court in india

New judges should be allotted--or transfers made--to courts depending on pending cases. Parekh Senior Advocate Dated: 13 th August, 2014 The author is the President of Supreme Court Bar Association. Importantly, the court refused to follow the '' standards of review followed by the United States supreme court. Let's work together to keep the conversation civil. Rajasthan and Gauhati got the same increase in judges while Rajasthan had twice the workload per judge than Gauhati. The article states that in the year 2000, 8 out of the 13 judges suggested by the Allahabad High Court Collegium were relatives of sitting judges.

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How are judges of Indian courts appointed?

appointment of judges of high court in india

Archived from on 30 March 2013. Criticism of Collegium System The Collegium System was mainly criticized for lack of transparency, accountability and democratic process. The peculiarity of this jurisdiction is that being conferred by the Constitution, it cannot be taken away or abridged by anything short of an amendment of the Constitution itself. These cannot be re­duced except in financial emergency. Pension of retired high court judges comes from Consolidated Fund of India. In England, Judges are removable by the Crown only on a joint address moved by both Houses of Parliament. Anand, Justice Vijendra Jain, Justice F.

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Judges of Supreme Court

appointment of judges of high court in india

Justices , , , and , stated in the majority decision: under the declaration of emergency no person has any locus to move any writ petition under Art. It provides that judges are to appointed by President with the consultation of existing judges of Supreme Court and of the High Courts in the state. The supreme court performed an unprecedented action when it directed a sitting in , Swaroop Singh Naik, to be jailed for 1-month on a charge of contempt of court on 12 May 2006. Section 8 of the First Amendment Act, 1974, added the explanation to Art. Balakrishnan also got several other judges appointed to the Supreme Court according to his whims and fancies. Jharkhand 2000 Jharkhand Ranchi 22. Balakrishnan and many more, who continue either continue to retain their positions or even grow.

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Article: 193 Appointment of High Court Judges

appointment of judges of high court in india

But a powerful institution like the supreme court would only heed to a equally powerful parliament. Questioning the system he said a child from a humble background can never become a judge. The constitution was amended in the year 1976 by 42 nd amendment. They lost first round of litigation in the supreme court. On August 19, 2016, a Hindi news portal, , published a detailed article on the kind of nepotism prevailing when a list was sent by the Allahabad High Court to the Supreme Court for appointment of judges. Article shared by The High Court is the highest judicial body in a State.

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List of High Courts in India

appointment of judges of high court in india

After 1981 This was year where the dominance of Judiciary was to begin in the appointment of Judges. These eminent persons shall be nominated for a period of three years and are not eligible for renomination. In all, there are 15 courtrooms in the various wings of the building. The president either approves the names or returns the names for reconsideration of the Supreme Court. This was First Judge Case S.

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Collegium System : Appointment of Judges in India ⋆ LAWYERSGYAN

appointment of judges of high court in india

The Judges however are barred from pleading or acting in a court except at the Supreme Court or a High Court other than the one in which he held office. There are 24 High Courts in the country. Qualification to Become a High Court Judge A person to be appointed as a judge of a high court, should be a citizen of India. Similarly, Article 217 1 is the state counterpart for 124 2. The appointment of Supreme Court judges in India has created quite a furore among the Indian executive and judiciary alike.


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