RAS question
Under the collegium system, the recommendation for appointment of a High Court Chief Justice is initiated by:
Correct answer: (C) Chief Justice of India.
Under the collegium system, the proposal for appointing a Chief Justice of a High Court is initiated by the Chief Justice of India.
Explanation
The initiation point is the Chief Justice of India, not the political executive or the State. Under the collegium system described in the Department of Justice memorandum of procedure for High Court judges, the CJI starts the proposal for appointing Chief Justices of High Courts. Before making the recommendation, the CJI consults the two senior-most Supreme Court judges, who form the collegium for this purpose. The process also involves consultation with the Chief Justice and senior judges of the concerned High Court. This makes option C correct: the CJI leads the judicial recommendation process, while other constitutional authorities may be consulted or may process the file later.
Why the other options are wrong
- (A) The Union Law Minister processes the recommendation after it enters the executive channel, but the minister does not initiate the proposal under the collegium system.
- (B) The State Governor may be consulted in the appointment process, but the Governor is not the authority that starts the recommendation for a High Court Chief Justice.
- (D) The outgoing Chief Justice of the High Court may be part of the consultation context, but the initiation of the recommendation rests with the Chief Justice of India.
Concept
This tests the collegium procedure for judicial appointments, especially the distinction between initiating a recommendation and being consulted. It recurs in RAS because High Court appointments sit at the intersection of constitutional offices, judicial independence, and Centre-State procedure.