The Apex Court of India has released the list of the appointment of Judges for the year of 2020. The recommendation has mentioned to permanent the position of additional Judges in the Calcutta High Court. Thereby, additional Judges like Justices Shampa Sarkar, Ravi Krishnan Kapur and Arnindam Mukherjee will be addressed as the permanent Judges and added another term for Justice Protik Prakash Banerjee. The statement released by the Supreme Court of India mentioned about the meeting which took place on 15th January 2020 gave due regard to the relevant factors and the material on record. Furthermore, the appointment of Justice Banerjee was done in the year of 2017 and will likely to continue as the additional judge till 2021. It’s been seen for the last two years, the practice to mention the details of surrounding in recommending the appointment of Judges isn’t performed. Aforementioned press statement on the promotion of Judges in Calcutta High Court was they mentioned about emphasizing the relevant factors and material on record for appointment, similarly, collegium of Supreme Court did merely stated, after taking into deliberation, the material on record for the elevation of Judicial officer as the Judge in the High Court of Meghalaya.
Article 124A of the Constitution of India mentions about the Appointment of Judges based on the National Judicial Appointments Commission (NJAC) was held unconstitutional by the bench consisting of 5 Judges. There were four Judges, who were in against the establishment of NJAC Act because Article 50 of the Constitution of India adds that the State shall take steps to the separation of Judiciary from the executive in the public service of the state and there need to be Judiciary to maintain the balance of power which has been provided in the Constitution. Article 124A of the Constitution of India mentions about the Appointment of Judges based on the National Judicial Appointments Commission (NJAC) was held unconstitutional by the bench consisting of 5 Judges. There were four Judges, who were in against the establishment of NJAC Act because Article 50 of the Constitution of India adds that the State shall take steps to the separation of Judiciary from the executive in the public service of the state and there need to be Judiciary to maintain the balance of power which has been provided in the Constitution. Whereas, the then Justice (retd.) Chelameswar did uphold the validity of the Constitutional amended law.
Key Features:-
- With the warrant under his hand, The President of India shall appoint Every Judges in High Court.
- Shall hold the office, until, he doesn’t attain the age of sixty-two years.
- The Judge shall be not be qualified to be a Judge in a High Court unless he is the Citizen of India and,
- Ten years in the office of Judicial officer in the territory of India
- Or, the Person has been an advocate for 10 years in a High Court or two or more in succession.
- The appointment shall be done after the consultation with The Chief Justice of India, Chief Justice of respective High Court and Governor of that State.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
Reference
- Bar & Bench, Collegium recommends 3 additional judges of Calcutta High Court be made permanent; term of one judge to be extended https://www.barandbench.com/news/collegium-recommends-3-additional-judges-of-calcutta-high-court be-made-permanent
- Bar & Bench, From Resolutions to Statements? Supreme Court Collegium publishes appointment details without reasons https://www.barandbench.com/news/from-resolutions-to-statements-supreme-court-collegium-publishes-appointment-details-without-reasons
- Article 124-A, 50, 224, 217, The Constitution of India
- Department of Justice, Appointment of Judges in High Court https://doj.gov.in/sites/default/files/memohc_0_1.pdf
