Context: The Supreme Court recently asked Attorney General to inform it of the Centre’s timeline in the matter to fill up vacancies in the High Courts.

• The Bench was hearing the petition filed by Lok Prahari, an NGO, seeking the appointment of additional judges in High Courts.
• SC asked the Centre whether there was a timeline for government clearance of such recommendations.
• The govt said proposals are pending with the Intelligence Bureau and some Chief Minister has not responded. 

Concerns

• Delay in processing appointment process: 189 proposals for judicial appointments were still pending.
• Both the government and the Collegium had also delayed the appointment process. 
• The government’s delay was largely because it thoroughly combed through the antecedents of the candidate.
• On the other hand, the judiciary takes 119 days on an average merely to forward the file to the government.
• Judicial vacancies: The Supreme Court had conveyed its alarm at the rising number of judicial vacancies in various High Courts. 
• Some of them were functioning only with half their sanctioned strength. 
• The High Courts suffer at least 40% judicial vacancies, on an average.

About Collegium system

• The Collegium of judges is the Supreme Court’s invention. 
• Collegium System is a system under which appointments and elevations of judges and lawyers to the Supreme Court and the High Courts, and also transfer of judges to High Courts and the Apex court.
• It is decided by a forum of the Chief Justice of India and 4 senior most judges of the Supreme Court.
• The procedure of appointment of judges to the SC and HCs is provided under Article 124 and Article 217 respectively.
• These Articles state that judges of the Supreme Court shall be appointed by the President in consultation with the Chief Justice of India (CJI) and other judges of the Supreme Court and the High Courts as the President of India may deem necessary.
• The judges of the High Courts are appointed by the President in consultation with the CJI, the Governor of the concerned state, and the Chief Justice of the High Court.

Appointment of Judges in the High Court

• In case of initial appointment of a Chief Justice of a High Court, the provisions of Article 217 will have to be followed.
• Initiation of the proposal for the appointment of Chief Justice of a High Court would be by the Chief Justice of India.
• The process of appointment must be initiated at least one month prior to the date of anticipated vacancy for the Chief Justice of the High Court.
• The Chief Justice of India would send his recommendation for the appointment of a puisne Judge of the High Court as Chief Justice of that High Court or of another High Court, in consultation with the two seniors most Judges of the Supreme Court.
• The views of the Judges of the Supreme Court thus consulted would then be sent by the Chief Justice of India along with his proposal, to the Union Minister of Law, Justice and Company Affairs.
• After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs would obtain the views of the concerned State Government.
• After receipt of the views of the State Government, the Union Minister of Law, Justice and Company Affairs, will submit proposals to the Prime Minister, who will then advise the President as to the selection.
• As soon as the appointment is approved by the President, the Department of Justice will announce the appointment and issue necessary notification in the Gazette of India.

Acting Chief Justice
The President can appoint a judge of a high court as an acting chief justice of the high court when:

• The office of chief justice of the high court is vacant; or
• The chief justice of the high court is temporarily absent; or
• The chief justice of the high court is unable to perform the duties of his office

Additional and Acting Justice:
The President can appoint duly qualified persons as additional judges of a high court for a temporary period not exceeding two years when

• There is a temporary increase in the business of the high court; or
• There are arrears of work in the high court

The President can also appoint a duly qualified person as an acting judge of a high court when a judge of that high court (other than the chief justice) is:

• Unable to perform the duties of his office due to absence or any other reason; or
• Appointed to act temporarily as chief justice of that high court.
• An acting judge holds office until the permanent judge resumes his office. However, both the additional or acting judge cannot hold office after attaining the age of 62 years.

Qualifications
For appointment as a judge of a High Court the person must be an

• Indian citizen who has worked as a judge in any court in India for a period not less than ten years.
• Advocates with a ten-year standing in any High Court are also eligible besides jurists whom the President of India may consider as eminent.

Service conditions

• The age of retirement in respect of the Judges of the High Court stands at 65 years.
• They cannot be removed except though impeachment by both Houses of the Parliament in accordance with the procedure prescribed in the Constitution.
• No judge has so far been removed by impeachment.
• In one instance where the impeachment proceedings had been initiated, the address could not muster the requisite majority.