Eligibility Criteria:
- Citizenship: The candidate must be a citizen of India.
- Legal Qualifications: To be eligible for appointment as a High Court judge, a person must:
- Be an advocate or a barrister for at least ten years (as per Article 217 of the Constitution of India).
- In the case of a person who is or has been a judge of a subordinate court, he or she must have held the post for at least ten years.
Additional Considerations:
- The candidate’s integrity, legal acumen, and professional competence are important factors in the appointment process.
- The selection is often made based on the recommendations of a collegium system, which involves the Chief Justice of India and senior judges.
Oath of Office:
- After the President of India approves the appointment, the selected candidate takes the oath of office, which is administered by the Chief Justice of the respective High Court.
- The oath typically includes a solemn commitment to uphold the Constitution of India, to dispense justice without fear or favor, and to faithfully and conscientiously perform the duties of the office.
Tenure:
- High Court judges in India do not have a fixed tenure. They hold office until the age of 62, as per Article 217 of the Constitution.
- A judge may resign before reaching the age of 62, or in certain circumstances, may be removed through a process of impeachment for proven misbehavior or incapacity.
Salary and Allowances:
Salary:
- The salary of High Court judges is determined by the President of India in consultation with the Chief Justice of India.
- The salary is charged on the Consolidated Fund of the state.
Allowances and Perks:
- Dearness Allowance (DA): Additional to the basic salary, judges receive dearness allowance to counteract the impact of inflation.
- Conveyance Allowance: Reimbursement for travel-related expenses.
- House Rent Allowance (HRA): If government accommodation is not provided, judges may receive HRA.
- Medical Allowance: Covering medical expenses for the judge and their family.
- Pension and Post-Retirement Benefits: Judges are entitled to a pension after retirement, along with other post-retirement perks.
Facilities:
- Official Residence: Many High Court judges are provided with official residences.
- Secretarial Staff and Support: Judges are typically assisted by a team of court staff and personal secretaries.
Code of Conduct and Ethics:
- High Court judges are expected to adhere to a high standard of ethical conduct. The “Restatement of Values of Judicial Life” provides guidelines on the principles judges should uphold, including impartiality, integrity, and humility.
Continuation After Retirement:
- After retirement, judges are sometimes appointed to head tribunals or commissions.
- They may also engage in legal practice or contribute to legal academia.
It’s important to note that the qualifications, oath, tenure, and other aspects of a High Court judge’s service are subject to the provisions of the Constitution of India and may be amended through legislative changes. Additionally, the specifics can vary based on state laws and regulations.
