Published on: October 11, 2021
CHIEF JUSTICE OF KARNATAKA
What is in news : Justice Ritu Raj Awasthi, a senior judge of the Allahabad High Court’s Lucknow Bench, will now be the Chief Justice of the Karnataka High Court.
- As per article 217, the Chief Justice of the high court is appointed by the President in consultation with the Chief justice of India as well as the Governor of the state in question.
- Till 1981, the situation was that the Chief Justice of the High Court used to make a recommendation to the Governor. After that, the matter used to go to the Centre level and the Chief justice of India was consulted. Based upon that either the appointment was made or not made.
- In 1999, the situation changed after Supreme Court rendered a unanimous opinion on a presidential reference. The decision said that Consultation with CJI means Consultation with the plurality of the Judges in the formation of the opinion of the CJI. So, normally the CJI consults with 4 regular judges of the Supreme Court.
- If a Judge of High Court is appointed on a permanent basis, he holds the office until he completes the age of 62 years. (In Supreme Court it is 65 years).
- The Minimum Qualification prescribed is Indian Citizenship and minimum 10 years of experience either as an advocate of the High Court of India or as a Judicial officer with a minimum 10 years of experience.
- If, an advocate later becomes a Judicial Officer, then, in computing 10 years, the experience as an advocate can be combined with that of a Judicial Officer.
- The salaries and other expenses of the judges and maintenance of the state high courts are charged from the consolidated fund of the state.
- Removal : Article 217 (b)- a Judge may be removed from his office by the President in the manner provided in clause ( 4 ) of Article 124 for the removal of a Judge of the Supreme Court
- A Judge of the High Court can be removed from office by impeachment only for proved misbehavior or incapacity and only in the same manner in which a Judge of the Supreme Court is removed.
- The President of India can remove a Judge of the High Court, from his office only if each house of the parliament passes a resolution by the majority of total members of the house and by a two-thirds majority of its members present and voting in each house requesting him to remove the Judge.
- Transfer of the Judges is done by the President in consultation with the following
- Chief justice of India’ whose opinion is formed by senior-most judges of the Supreme Court.
- Chief Justice of the High court from where the transfer is to take place.
- Chief Justice of the High Court to where the transfer is to take place.