Question

With reference to the Independence and impartiality of the High Courts, explain the significance of each of the following provisions:
(a) Security of Tenure.
(b) Salaries and Allowance of the Judges.
(c) Norms governing the Appointment and Transfer of a Judge.

Answer 1

(a) Security of Tenure.
The judges have been granted the security of tenure. A judge does not hold office during the pleasure of the President. A Judge of a High Court can be removed only by the President on an address of both Houses of Parliament, passed by not less than two-thirds of the members present and voting and by a majority of the House on the ground of proved misbehaviour or incapacity only.
(b) Salaries and Allowance of the Judges.
The salaries and allowances payable to Judges of High Courts are charged on the Consolidated Funds of State concerned and are not subject to vote in the Legislature. They cannot be changed to their disadvantage after appointment except during a Financial emergency.
(c) Norms governing the Appointment and Transfer of a Judge.
The appointment of Judges if the High Court is made by the President in consultation with Chief Justice of India and two senior-most judges of the Supreme Court. The proposal is initiated by the concerned High Court alone. This is to ensure that the appointment is made on the basis of merit only.