High Court judges in India receive various allowances in addition to their basic salary. These allowances are designed to cover different aspects of their professional and personal needs. Here are some common allowances for High Court judges:
- Dearness Allowance (DA):
- Purpose: To counteract the impact of inflation on the purchasing power of the judge’s salary.
- Calculation: It is calculated as a percentage of the basic salary.
- Conveyance Allowance:
- Purpose: Reimbursement for travel-related expenses.
- Coverage: Covers expenses incurred while traveling for official duties.
- House Rent Allowance (HRA):
- Purpose: To assist judges in meeting the cost of accommodation.
- Calculation: It is a percentage of the basic salary and may vary based on factors like the location of the judge’s residence.
- Medical Allowance:
- Purpose: To cover medical expenses for the judge and their family.
- Coverage: Includes expenses related to health check-ups, medical treatment, and prescriptions.
Removal of High Court Judges:
The removal of a High Court judge is a serious and constitutionally safeguarded process. It is outlined in Article 124(4) and Article 217 of the Constitution of India. The procedure for the removal of a High Court judge is as follows:
- Initiation:
- The process can be initiated by either House of Parliament through a motion addressed to the President.
- The motion must be signed by at least 100 members of the Lok Sabha (House of the People) or 50 members of the Rajya Sabha (Council of States).
- Investigation:
- If the motion is accepted, an investigation is conducted. The President can consult the Chief Justice of India and appoint a committee to investigate the grounds for removal.
- Investigative Committee:
- The committee consists of a jurist, a sitting judge of the Supreme Court, and a chief justice of a High Court.
- Findings and Report:
- The committee investigates the charges and submits a report to the President.
- Address to the President:
- If the committee finds the judge guilty of misbehavior or incapacity, the motion for removal is taken up for consideration.
- Both Houses of Parliament must pass the motion by a special majority.
- Special Majority:
- A special majority is required, which means that the motion must be supported by a majority of the total membership of the House and by a majority of not less than two-thirds of the members present and voting.
- President’s Decision:
- After both Houses pass the motion, it is presented to the President for approval.
- If the President gives assent, the judge is removed from office.
Transfer of High Court Judges:
The transfer of High Court judges is usually handled by the Chief Justice of India in consultation with the Chief Justice of the concerned High Court. Here are the key points regarding the transfer of High Court judges:
- Role of Chief Justice of India:
- The Chief Justice of India is typically involved in the process of transferring judges between High Courts.
- The Chief Justice of India may consult with the Chief Justice of the concerned High Court to assess the need for transfers.
- Consultation with Chief Justice of the High Court:
- Before initiating a transfer, the Chief Justice of India may consult with the Chief Justice of the High Court to understand the administrative and operational needs of the judiciary.
- Reasons for Transfer:
- Transfers may be considered for administrative reasons, such as workload management, or based on the request or consent of the judge involved.
- Consent of the Judge:
- In many cases, the judge being transferred may be consulted, and their consent or preferences may be considered, especially for personal or family-related reasons.
- Consideration of Judicial Service Needs:
- The overall considerations for transfers are often linked to the efficient functioning of the judiciary and the need to address workload and other administrative requirements.
It’s important to note that the principles of judicial independence and fairness are essential in both the removal and transfer processes. The Constitution of India provides safeguards to ensure that judges can perform their duties without fear of arbitrary removal or transfer, thereby upholding the integrity of the judiciary.
