{"id":34314,"date":"2018-10-30T16:54:19","date_gmt":"2018-10-30T11:24:19","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=34314"},"modified":"2018-10-30T16:54:19","modified_gmt":"2018-10-30T11:24:19","slug":"sc-frames-new-norms-to-evaluate-work-of-hc-additional-judge","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/sc-frames-new-norms-to-evaluate-work-of-hc-additional-judge\/","title":{"rendered":"SC frames new norms to evaluate work of HC Additional Judge"},"content":{"rendered":"<p><a href=\"http:\/\/indianexpress.com\/article\/india\/sc-frames-new-rules-for-evaluating-work-of-additional-judges-in-high-courts-4909682\/\"><b>SC frames new norms to evaluate work of HC Additional Judge<\/b><\/a><\/p>\n<p><b>Context:<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The Supreme Court forms new norms to evaluate the work of High Court Judges.<\/span><\/li>\n<\/ul>\n<p><b>Who are the Additional Judges of High Court?<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The additional judges are often appointed in order to dispose of the arrears cases.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Such appointments are temporary and are terminable after disposal of arrears cases.<\/span><\/li>\n<\/ul>\n<p><b>Appointment of Additional Judges of High Court:<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The appointment of additional judges takes place under these situations:<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">If by reason of any temporary increase in the business of High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for such period not exceeding two years as he may specific.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">When any Judge of a High Court other than the Chief Justice is by reason of absence or for any other reason unable to perform the duties of his office or is appointed to act temporarily as Chief Justice, the President may appoint a duly qualified person to act as a Judge of that Court until the permanent Judge has resumed his duties.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">No person appointed as an additional or acting Judge of a High Court shall hold office after attaining the age of sixty-two years.<\/span><\/li>\n<\/ul>\n<p><b>Permanent judges of the High Court:<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">There is no fixed minimum number of judges for the High Courts.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">High Courts are headed by a <\/span><b>Chief Justice<\/b><span style=\"font-weight: 400;\">.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The Chief Justices are ranked fourteenth (in their state) and seventeenth (outside their state) in the Indian order of precedence.<\/span><\/li>\n<\/ul>\n<p><b>Appointments:<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">While appointing other judges of the High Court, the President consults the Chief Justice of the Supreme Court, the Governor of the State and the Chief Justice of the concerned High Court.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The Chief Justices are ranked fourteenth (in their state) and seventeenth (outside their state) in the Indian order of precedence.<\/span><\/li>\n<\/ul>\n<p><b>What was the earlier practice since 2010?<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Previously, there used to be a professional evaluation of Additional Judges.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The evaluation is done by the Judges of the High Court itself.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">This practice has been in place since 2010.<\/span><\/li>\n<\/ul>\n<p><b>What are the latest Supreme Court guidelines?<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">As per the guidelines in October 2010, a committee was to be constituted by High Court Chief Justices for evaluating the judgments of Additional Judges.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Since it was a committee of High Court Judges, this was seen as a kind of professional review.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">In March, 2017 the Collegium ended this practice.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Most recently, while reviving the system of professional evaluation, the Collegium\u2019s decision on rejects peer review, as the committee will now comprise Supreme Court Judges.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Significantly, the government had recently urged the Collegium to have a relook at the decision to end the practice of evaluating the performance of Additional Judges.<\/span><\/li>\n<\/ul>\n<p><b>What are the advantages of the change in evaluation?<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><b>Biasness<\/b><b>: \u00a0<\/b><span style=\"font-weight: 400;\">The Supreme Court judges who have been consulted with regard to recruitment of the Additional Judges won\u2019t be part of the committee.<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">So there is less chance of evaluating a biased decision.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Less chance corruption: <\/b><span style=\"font-weight: 400;\">The evaluation is expected to be free from corruption as it is will not be done by the in-house judges.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>More strict and concrete:<\/b><span style=\"font-weight: 400;\"> The evaluation is also expected to be more strict, concrete and precise.<\/span><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>SC frames new norms to evaluate work of HC Additional Judge Context: The Supreme Court forms new norms to evaluate the work of High Court Judges. Who are the Additional Judges of High Court? The additional judges are often appointed in order to dispose of the arrears cases. Such appointments are temporary and are terminable&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/sc-frames-new-norms-to-evaluate-work-of-hc-additional-judge\/\">Continue reading <span class=\"screen-reader-text\">SC frames new norms to evaluate work of HC Additional Judge<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[555],"tags":[],"class_list":["post-34314","post","type-post","status-publish","format-standard","hentry","category-test-1","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704884830},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/34314","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=34314"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/34314\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=34314"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=34314"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=34314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}