describe the composition of the High Court. Explain the qualifications, tenure and the method of removal of the High Court Judges.
Answers
Composition: In every High Court, there is a Chief Justice and many other judges whose number is defined by the President of India. Appointment of the Judges: 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.
Each High Court could consist of a chief justice and up to 15 judges. Under §3 of the Act, judges could be selected from barristers (with 5 years of experience), civil servants (with 10 years of experience including 3 years as a zillah judge), judges of small cause courts or sudder ameen (with 5 years of experience), or pleaders of lander courts or High Courts (with 05 years of experience).
Appointment of the Judges: 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 President, Governor and the Chief Justice of High Court.
Qualifications for the Judges
(a) He should be a citizen of India.
(b) He should have been (I) a judge for 10 years of Subordinate court under the Judicial Service of the State or (ii) an Advocate for 10 years in a High Courts in India (Article 217).
Tenure:
Originally the age of the retirement of the judges of the High Courts was fixed at 60 but it was raised to 62 in 1963 according to the 15th amendment of the Constitution.
Removal of the Judges:
A judge may leave his office by resigning. He will send his letter of resignation to the President. His office would be considered to have been vacated if he is appointed as a judge of the Supreme Court or is transferred to some other High Court. A judge of a High Court may also be removed like a judge of the Supreme Court. A judge of High Court may be removed by the President if the Parliament passes a motion against him by an absolute majority and 2/3rd majority of the members present and voting, both the Houses sitting separately.
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High court consist of one chief justice of state and the other judges as after the consultation of CJI and governor of the state and appointed by president of India.
Qualification of High court judges :-
1) he should be not be the non resident or alien means he should be the citizen of India.
2) (a) he should have held a judicial office in India for ten years in the past or (b) he should have been an advocate of a high court for ten years and should be the competitive judge before the eyes of CJI.
Tenure of judges :-
1) he holds office until he achieved the age of 62 years anytime.
2) he can resign his office by writing to the president and the acting chief justice will be appointed in his absence.
3) he can be removed from his office by the president on suggestion of parliament as the impeachment passed in both the houses.
Removal of high court judges :-
in case of proved misbehavior or incapacity as if they misuse their power of being a high court judge.