Acting Chief Justice:
- Appointment:
- An Acting Chief Justice is appointed when the office of the Chief Justice of a High Court is vacant or when the Chief Justice is unable to perform his duties.
- Authority and Powers:
- The Acting Chief Justice exercises the powers and functions of the Chief Justice during the period of the vacancy or the Chief Justice’s inability to discharge duties.
- Appointment by the President:
- The President of India appoints an Acting Chief Justice based on the recommendations of the Chief Justice of India.
- Seniority and Experience:
- The Acting Chief Justice is often the senior-most judge in the High Court. Seniority and experience are crucial factors considered in the appointment.
- Duration:
- The appointment is typically temporary and continues until a new Chief Justice is appointed or the incumbent Chief Justice is able to resume duties.
Additional Judges:
- Appointment:
- Additional Judges are appointed to the High Court for a temporary period, often to address a backlog of cases or to meet an increase in judicial workload.
- Qualifications:
- Similar to permanent judges, Additional Judges are required to meet the eligibility criteria set by the Constitution, such as being a practicing advocate or a judicial officer for a specified number of years.
- Tenure:
- Additional Judges initially serve for a term of two years, which can be extended based on their performance and the workload of the High Court.
- Confirmation:
- After the initial term, Additional Judges may be confirmed as permanent judges, subject to their performance and the assessment of the Chief Justice and the collegium.
- Appointment Process:
- The appointment process involves consultation between the Chief Justice of the High Court, the Governor, and the Chief Justice of India.
Retired Judges:
- Appointment as Ad Hoc Judges or Tribunals:
- Some retired judges are appointed as ad hoc judges to deal with a backlog of cases or to address a temporary increase in workload.
- Retired judges may also be appointed to head tribunals or commissions.
- Mediation or ADR Roles:
- Retired judges with expertise in alternative dispute resolution (ADR) may be appointed as mediators or arbitrators in disputes.
- Legal Practice or Academia:
- After retirement, judges may choose to engage in legal practice, contribute to legal academia, or provide legal consultancy.
- Post-Retirement Benefits:
- Retired judges are entitled to a pension and post-retirement benefits, ensuring financial security and stability.
Advocates of High Court:
- Qualifications:
- Advocates aspiring to become judges of the High Court typically need to meet eligibility criteria, including a specified number of years of practice at the bar.
- Appointment Process:
- The appointment process involves consultation between the Chief Justice of the High Court, the Governor, and the Chief Justice of India.
- The collegium system, comprising the Chief Justice of India and other senior judges, often plays a role in recommending the appointment of advocates as judges.
- Independence and Impartiality:
- Once appointed, advocates transition to the role of judges and are expected to maintain independence and impartiality in their judicial functions.
- Judicial Career Progression:
- Judges, including those appointed from the bar, may progress in their judicial career, potentially serving as Acting Chief Justice, Chief Justice, or in other leadership roles.
- Role in Upholding the Rule of Law:
- Advocates appointed as judges play a crucial role in upholding the rule of law, interpreting legal principles, and ensuring justice in the judicial system.
It’s important to note that the appointment and roles of Acting Chief Justice, Additional Judges, Retired Judges, and Advocates are subject to the constitutional provisions, rules, and regulations governing the judiciary in India. The process and criteria may vary based on state-specific laws and practices.
