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What qualifications are required for appointment as a Judge of the High Court?

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Last updated date: 24th Jul 2024
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Answer
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Hint:
In India, the procedure of appointing the High Court Judges is slightly different from the appointment of the Judges of the Supreme Court. Over the years, a Collegium system has evolved

Complete answer:
In India, the procedure of appointing the High Court Judges is slightly different from the appointment of the Judges of the Supreme Court. According to article 217, the Chief Justice of the high court is elected by the President after discussion with the Chief justice of India as well as the Governor of the state in question.

Over the years, a Collegium system has evolved in which a Collegium (a group in which each member has approximately equal power and authority headed by the Chief justice of India (CJI) makes a recommendation to the government for appointment of judges. The Collegium recommends the names to the Ministry of Law and Justice which after examining send the paper to the President. The names are either approved by the President or returned for reconsideration of the Supreme Court. If still the same names are sent by the Supreme Court then the President appoints the persons recommended.

Qualification to Become a High Court Judge
> A person to be appointed as a judge of a high court should be India’s citizen. Further,
> He should have held a judicial office for ten years in the territory of India or
> For ten years he has been an advocate of the high court(s).
> For the Judges of the High Court, there is no minimum age fixed, and there is no provision for appointment of a distinguished jurist as a judge of a high court.

Note
The procedure of removal of the judges is determined by Article 124(4) and the Judges Inquiry Act 1968. At least 100 members of the Lok Sabha or 50 members of the Rajya Sabha must sign a motion of impeachment addressed to the President and then delivered to Lok Sabha’s speaker or the Chairman of Rajya Sabha. A Committee of 3 judges of the Supreme Court and a distinguished jurist investigates the motion. If the Committee finds the judge guilty for proved misbehaviour or incapacity, the motion along with the report of the committee is taken up for consideration in the House where motion was moved. Then by the requisite majority, the judge is then removed (the absolute majority and 2/3 of its members present and voting).