Appointments and Transfers of Judges

November 17, 2021

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In News

Recently, the Ministry of Law and Justice notified the appointment of three additional judges to the Calcutta High Court and transfers made to the Madras and Madhya Pradesh High Courts.
- The Supreme Court Collegium recommended their elevation in September.

About Collegium system

It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution.
The Supreme Court Collegium is headed by the Chief Justice of India and comprises four other senior-most judges of the court.
A High Court collegium is led by its Chief Justice and four other senior-most judges of that court.
Names recommended for appointment by a High Court collegium reaches the government only after approval by the CJI and the Supreme Court Collegium.
Judges of the higher judiciary are appointed only through the Collegium system, and the government has a role only after names have been decided by the collegium.

Constitutional Provisions for Appointment of Judges

Judges of the Supreme Court and High Courts are appointed by the President under Articles 124(2) and 217 of the Constitution.
- Article 124(2) says: “Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such Judges of the Supreme Court and of the High Courts in the States as he may deem necessary.
- Article 217: “Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.”

Source: TH