Appointment of Judges : Some Legal Issues

 Appointment of Judges : Some Legal Issues 

An interesting judgment was passed by Hon'ble Supreme Court on 24 January 1975. 

On the issue of appointment of Judges, it has been commented at page 14 of High Court of Punjab and Haryana v State of Haryana [1975] GCtR 2828 (SC) thus : - 

"When persons are appointed to be District Judges or persons are promoted to be District Judges the act of appointment as well as the act of promotion is complete and nothing more remains to be done. Confirmation of an officer on successful completion of his period of probation is neither a fresh appointment nor completion of appointment. Such a meaning of confirmation would make appointment a continuing process till confirmation. Confirmation of District Judges is vested in the control of the High Court for the reason that if after the appointment of District Judges the Governor will retain control over District Judges ’Until confirmation there will be dual control of District Judges. The High Court in that case would have control over ,confirmed District Judges and the Governor would have control over unconfirmed District Judges. That is not Article 235."

 

The law is now clear that fixing criteria not in accordance with Constitutional requirements must be struck down.  

 

Written by 

Vishal

Delhi

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