How to Become a High Court Judge? Qualifications, Selection Process & Career Path
Introduction
Becoming a High Court Judge in India is a prestigious
and challenging career path that requires legal expertise, experience, and
integrity. High Court Judges play a crucial role in interpreting laws,
ensuring justice, and maintaining the rule of law in the country.
The appointment of High Court Judges is governed by
the Indian Constitution, which prescribes eligibility criteria,
selection procedures, and powers of judges. However, only the most
qualified and competent legal professionals make it to this esteemed
position.
This article will explore the qualifications, appointment
process, roles, responsibilities, and challenges faced by High Court Judges
in India.
Understanding the Role of a High Court Judge
A High Court Judge is responsible for adjudicating
cases at the state level, ensuring justice is served by
constitutional and statutory laws.
Key Responsibilities
- Interpreting and applying laws to civil, criminal, and constitutional cases.
- Hearing appeals against lower court judgments.
- Ensuring the protection of fundamental rights of citizens.
- Reviewing executive and legislative actions to prevent abuse of power.
- Supervising and guiding subordinate judiciary
in the state.
High Court Judges play a critical role in upholding the
independence of the judiciary and ensuring that justice is dispensed
fairly.
Constitutional Provisions Governing High Court Judges
The Indian Constitution lays down clear provisions
regarding the appointment, qualifications, tenure, and removal of High Court
Judges.
1. Article 217 – Appointment and Qualifications of High
Court Judges
According to Article 217, a person is eligible for appointment as a High Court Judge if they:
- Are a citizen of India.
- Have at least 10 years of experience as an advocate in a High Court or multiple High Courts.
- Have served for at least 10 years as a judicial
officer in a subordinate court in India.
2. Article 224 – Appointment of Additional and Acting
Judges
- Additional Judges may be appointed for a temporary period of two years when there is an increased workload in the High Court.
- Acting Judges may be appointed when a sitting
judge is absent or unable to perform their duties.
3. Article 218 – Removal of High Court Judges
- Judges can be removed only through impeachment by Parliament for proven misconduct or incapacity.
- The procedure is the same as for Supreme Court
judges, ensuring judicial independence.
Selection and Appointment Process of High Court Judges
The process of becoming a High Court Judge involves
multiple stages of scrutiny to ensure only the most qualified individuals
are appointed.
1. Recommendation by the Collegium System
- The Chief Justice of the High Court recommends eligible candidates.
- The Collegium of the Supreme Court (Chief
Justice of India and two senior-most judges) reviews and forwards names to the Union
Law Ministry.
2. Consultation with State and Central Government
- The Governor of the respective state and Chief Minister are consulted.
- The Union Government examines the candidate’s background, integrity, and legal expertise.
3. Presidential Approval and Appointment
- The President of India
appoints the High Court Judge after receiving the recommendation of the
Collegium and approval from the Union Government.
This process ensures that judges are appointed based on
merit, legal expertise, and integrity.
Career Path to Becoming a High Court Judge
There are two main pathways to becoming a High Court
Judge:
1. Through Judicial Services (Judicial Officer Route)
- Start as a Civil Judge (Junior Division) by clearing the Judicial Services Examination conducted by state Public Service Commissions.
- Get promoted to Senior Civil Judge, District
Judge, and then High Court Judge after gaining 10 years of experience.
2. Through Direct Appointment as an Advocate
- Practice as an advocate for at least 10 years in a High Court or Supreme Court.
- Get recommended by the Chief Justice of the High
Court based on legal expertise, reputation, and case-handling experience.
Both routes require dedication, strong legal acumen, and
professional integrity.
Landmark Cases on Judicial Appointments and Independence
1. S.P. Gupta v. Union of India (1981) – First Judges
Case
- Gave primacy to the Executive (Government) in appointing judges.
- Later overruled by the Collegium system.
2. Supreme Court Advocates-on-Record Association v. Union
of India (1993) – Second Judges Case
- Established the Collegium
System, giving the judiciary primacy in appointments.
3. National Judicial Appointments Commission (NJAC) Case
(2015)
- Struck down the NJAC Act,
reaffirming the Collegium System for judicial appointments.
These cases highlight the evolving nature of judicial
appointments in India and the importance of judicial independence.
Challenges and Controversies in High Court Appointments
Despite a robust appointment process, certain
challenges persist:
1. Delays in Judicial Appointments
- The appointment process is
often delayed due to political interference and bureaucratic hurdles.
2. Lack of Transparency in the Collegium System
- Critics argue that the Collegium
System lacks transparency as decisions are not always explained publicly.
3. Underrepresentation of Women and Minorities
- Women and minority communities
remain underrepresented in High Court appointments, despite efforts for
diversity.
4. Increasing Judicial Vacancies
- Several High Courts face severe
judge shortages, affecting the speed and efficiency of case disposal.
Reforms are needed to make the appointment process
faster, more transparent, and more inclusive.
Conclusion
Becoming a High Court Judge is a prestigious and
challenging journey that requires legal expertise, experience, and
judicial integrity. The selection process ensures that only the most
qualified individuals are appointed to deliver justice effectively.
However, delays, lack of transparency, and
underrepresentation remain challenges that must be addressed. Reforms in
the judicial appointment process can help strengthen judicial
independence and efficiency.
For aspiring lawyers and judges, gaining
experience, building legal expertise, and maintaining professional ethics
are key to reaching this prestigious position.
FAQs
1. What are the eligibility criteria to become a High
Court Judge?
A person must be a citizen of India, have at least
10 years of experience as an advocate or judicial officer, and meet
constitutional requirements under Article 217.
2. How are High Court Judges appointed?
Judges are appointed through the Collegium System,
where the Chief Justice of India and senior judges recommend names to
the President of India for approval.
3. Can a lawyer directly become a High Court Judge?
Yes, if a lawyer has at least 10 years of experience
practicing in a High Court, they can be recommended for direct
appointment.
4. What is the retirement age of a High Court Judge?
High Court Judges retire at the age of 62 years.
5. Can a High Court Judge be removed from office?
Yes, a judge can be removed through impeachment by
Parliament for misconduct or incapacity, as per Article 218.
0 Comments