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Tenure Of Judges Of The High Court
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The Constitution has not fixed the tenure of a judge of the high court. However has made the following three provisions in this regard
- Holds office until he attains the age of 62 years.
- Can resign his office by writing to the President.
- Can be removed from his office by the President on the recommendation of a Parliament.
- Need to vacate office when he/she is appointed as a judge of the Supreme Court or when transferred to another high court.
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Impeachment Of Judges Of The High Court
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- The Constitution has not prescribed any specific provision regarding the removal of Judges.
- The Judges (Inquiry) Act, 1968 regulates the procedure relating to the removal of a judge of the high court by the process of impeachment.
- The president can issue the removal order only after an address by Parliament has been presented to him in the same session for such removal.
- The address must be supported by a special majority of each House of the Parliament.
- The grounds of removal are proved misbehaviour or incapacity.
- A removal motion is to be signed by 100 members in the case of Lok Sabha or 50 members in the case of Rajya Sabha.
- If it is admitted, then the Speaker /Chairman is to constitute a three-member committee to investigate into charges.
- The committee consists of a Chief Justice or a judge of the Supreme Court, a chief justice of a high court and a distinguished jurist.
- If the committee finds the judge to be guilty of misbehaviour or suffering from incapacity, the House can take up the consideration of the motion.
- After the motion is passed by each House of Parliament by a special majority, an address is presented to the President for the removal of a judge.
- Finally, the President passes the order of removal. It implies that the procedure for the removal of judges of a high court is the same as that for a judge of the Supreme Court.
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Transfer Of Judges
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- Article 222 of the Constitution deals with the provision for the transfer of a Judge (including Chief Justice) from one High Court to any other High Court.
- President can transfer a judge from one high court to another after consulting the Chief Justice of India.
- On transfer, he/she is entitled to receive compensatory allowances as determined by the Parliament in addition to salary.
- In 1977, the Supreme Court ruled that the transfer of high court judges should be an exceptional measure and not by way of punishment.
- In 1994, the Supreme Court held that judicial review is necessary to check arbitrariness in the transfer of judges, but only the judge who is transferred can challenge it.
- In the Third Judges Case (1998), the Supreme Court ruled that in case of the transfer of the high court judges, the chief justice of India should consult a collegium of four seniormost judges of the Supreme Court, chief justice of the two high courts (court from which the judge being transferred and the receiving court)
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