Jharkhand State PCS

• 19 Jul 2024

New Acting Chief Justice of Jharkhand

Why in News?

Recently, Justice Sujit Narayan Prasad has been appointed as the acting chief justice of the Jharkhand High Court, following the departure of Chief Justice Bidyut Ranjan Sarangi.

Key Points

• According to the law ministry, Justice Prasad will assume charge on July 20,2024.
• Appointment of Acting Chief Justice:
  • Article 223 of the Constitution of India deals with the appointment of an acting Chief Justice.
  • According to this, when the office of the Chief Justice of a High Court is vacant or when such a Chief Justice, on account of absence or otherwise, is unable to perform the duties of his office, the duties of the office shall be performed by such person. Other judges of the Court may be appointed by the President for this purpose.

Appointment of HC Judges

• Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), 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 is consulted.
• Consultation Process: High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
  • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
  • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
  • The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States.
    • The Collegium takes the call on the elevation.