Satish Chandra Sharma is sworn in as the new Telangana High Court Chief Justice.

Satish Chandra Sharma

Justice Satish Chandra Sharma was sworn in as the new Chief Justice of the Telangana High Court.

Dr. Tamilisai Soundararajan, Telangana’s Governor, administered the oath of office to Justice Satish Chandra Sharma, the state’s Chief Justice nominee.

At the swearing-in event, Chief Minister K. Chandrasekahar Rao, his Cabinet colleagues, Chief Secretary Somesh Kumar, and the justices of the High Court were present.

Initially, an officer read the warrant of appointment. Later that day, the Governor presented the warrant of appointment to Satish Chandra Sharma, the CJ designate, and administered the oath of office.

How Chief Justice of High Court Appointed?

The President appoints the judges of a high court. The President appoints the chief justice after consulting with India’s chief justice and the governor of the state concerned. Additional judges are appointed with the concurrence of the chief justice of the relevant high court. When a president establishes a joint high court for two or more states, he consults with the governors of all the states involved.

In the Second Judges case (1993), the Supreme Court held that no judge of the high court can be appointed unless it is in accordance with the chief justice of India’s opinion. The Supreme Court held in the Third Judges case (1998) that before appointing high court judges, the chief justice of India should consult a collegium of two senior-most Supreme Court judges. Thus, the top justice of India’s only view does not constitute a ‘consultation’ procedure.

The 99th Constitutional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 established a new body named the National Judicial Appointments Commission to replace the Collegium System for appointing judges to the Supreme Court and High Courts (NJAC). The Supreme Court, however, deemed both the 99th Constitutional Amendment and the NJAC Act unlawful and void in 2015. As a result, the former collegium system resumed operation. The Supreme Court rendered this decision in the Fourth Judges case (2015). The Court concluded that the new system (i.e., NJAC) would jeopardise the judiciary’s independence.

Sources

  1. The Hindu
  2. Indian Polity, Laxmikanth

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