High Court Judges Oath

It is the responsibility of the Governor to administer the oath to judges of the High Court. The contents of the oath for High Court judges include the following obligations:

• to adhere to the Constitution of India with true faith and loyalty; 
• to maintain the sovereignty and unity of India; 
• to perform the responsibilities of the office diligently, impartially, and to the best of their ability, knowledge, and judgment without fear or favoritism, affection, or animosity; and 
• to uphold both the Constitution and the laws.

It is the President who appoints a High Court judge but the oath is administered by the Governor and not the President.

High Court Judges Salary and Allowances

According to Article 221, Parliament determines the salaries, allowances, privileges, leave, and pension of High Court judges periodically. These benefits cannot be altered to their detriment after their appointment, except in a financial emergency. 

• Salary: In 2018, the salary of the chief justice was increased from ₹90,000 to ₹2.50 lakh per month and that of a judge from ₹80,000 to ₹2.25 lakh per month. 
• Allowances: They are paid a sumptuary allowance and provided with free accommodation and other facilities like medical, car, telephone, etc.

High Court Judges Tenure

The Constitution of India does not specify a definite tenure for High Court judges. According to Article 217 judges of high court shall hold office until they attain the age of sixty-two years. However, a Judge may, by writing under his hand addressed to the President, resign from his office; or may be removed by the President on the grounds and process mentioned in the constitution.

A High Court judge’s position becomes vacant if they are appointed as a Supreme Court judge or if they are transferred to another High Court within India.

High Court Judges Removal

As stated in Article 217, a High Court judge may be removed from their position by the President in the same manner and on the same grounds as a Supreme Court judge can be removed.  In this regard, the parliament has passed the Judges Enquiry Act, 1968, which provides detailed procedure for removal of judges in the higher judiciary. Till date, no high court judge has been removed. (Removal procedure has been discussed in detail in the chapter on Supreme Court)

High Court Judges Transfer

• Constitutional provision: Article 222 provides for the transfer of judges from one high court to another. It specifies that the President may transfer a judge from one High Court to another after consulting with the Chief Justice of India.
• Supreme Court’s opinion on transfers: Over the years, the transfer of judges has created controversies. Judges were transferred arbitrarily, and the transfer was used as means to punish the judge for a judgement. In this background, the Supreme Court in 1977 ruled that transfer of judges should be done only as a measure of last resort and in the public interest. It should not be used as a means to punish the judges, ensuring the sanctity of the judges’ independence.
• Role of the SC collegium: In the Third Judges case (1998), it was added that in case of transfer of High Court judges, the Chief Justice of India should consult in addition to the four senior-most judges of the Supreme Court, the chief justices of the two high courts concerned.

Acting Chief Justice in High Courts

As per Article 223, an acting Chief Justice can be appointed under two conditions:

• when the position of Chief Justice of the High Court is unoccupied or 
• when the Chief Justice is unable to perform their duties due to absence or other reasons.

In such scenarios, a designated judge of the court, appointed by the President for this purpose, will carry out the duties of the office.

Additional and Acting High Court Judges

Article 224 provides for the appointment of additional and acting Judges.

Additional High Court Judges

The President may appoint duly qualified persons to be Additional Judges of the Court. Article 224 gives two conditions in which the president may do so-

• If by reason of any temporary increase in the business of High Court or
• by reason of arrears of work

Such appointments are made for periods not exceeding two years.

Acting High Court Judge

The President can designate a qualified person to serve as an acting judge of the High Court if a judge cannot fulfill their duties. This may occur:

• due to absence or any other reason, or 
• if a judge is temporarily appointed to act as the Chief Justice. 

Such appointments are made for a limited duration. Article 224 additionally states that no individual appointed as an additional or acting judge of a High Court will remain in office after reaching the age of sixty-two years.

Retired High Court Judges

Article 224 also allows for the temporary appointment of retired judges to the High Court. The Chief Justice of the High Court can, with prior approval from the President, ask any former High Court judge to sit and act as a judge of the High Court for a temporary period. 

Such an appointee is entitled to allowances as determined by the President and possesses all the jurisdictions, powers, and privileges akin to any other High Court judge. However, this person shall not be regarded as a judge of that court in any other capacity.