Appointment process to High Courts:
- High Court judges are appointed by the President under Article 217 of the Constitution read with Supreme Court’s Decision in the Second and Third Judges’ case.
- The Memorandum of Procedure (MoP) indicates the process of appointment to be followed.
- The High Court Collegium, which comprises the chief justice of the high court and two senior-most judges, recommends a name for a high court judgeship to the Supreme Court collegium.
- The Supreme Court Collegium, which comprises the CJI and two senior-most judges, takes a final call on the high court collegium’s recommendations.
- The Supreme Court Collegium can either approve the recommendation and then transmit the same to the Government of India for giving effect to it, or it can disagree with the high court collegium or defer the proposal.
- The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State.
- The other judges are appointed by the will of the President, Governor and the Chief Justice of the High Court.
Eligibility for appointment to High Courts
Requirements for being eligible for a high court judgeship: the person concerned must be:
- A citizen of India and have,
- An advocate of a high court or two or more such courts in succession for at least ten years.
- If the person concerned is from the subordinate judiciary, he must have held a judicial office in the territory of India for at least ten years.
- Besides, jurists whom the President of India may consider as eminent are also eligible for appointment as High Court judges.