The turbulent tenure of Justice Abhijit Gangopadhyay: Calcutta HC judge who took on Trinamool govt

Contact Counsellor

CategoryPolity

Last Updated05/03/2024

Justice of the Calcutta High Court announced his resignation from the judiciary after he had run-ins with the Trinamool Congress (TMC) government for almost two years now.

Article 217 of Indian Constitution covers the appointment and conditions of a High Court Judge.
It says that every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State.
In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court shall also be consulted.
The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside.
The collegium system takes a call on the issue of elevation of Judges.
For the promotion to Chief Justices, the seniority of judges below the Chief Justice will be based on their rank within their own High Courts.
They will be eligible for consideration as Chief Justices in other High Courts when it would have been their turn for consideration in their own High Courts.

A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—
Has for at least ten years held a judicial office in the territory of India; or
Has for at least ten years been an advocate of a High Court in any State specified in the First Schedule or of two or more such Courts in succession.
A High Court judge holds office until they are 62 years old.

A Collegium comprising the CJI and two senior-most judges recommends the names for the appointment for Judges of HCs.
The CJI is required to consult with two senior-most judges of the Supreme Court.
However, this process is initiated by the Chief Justice of the High Court concerned.
The Chief Justice of the High Court is also required to consult his two senior-most puisne Judges before recommending a name for appointment to the High Court.
The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.