Turmeric Man of Himachal Pradesh

Justice Rajiv Shakdher took oath as the 29th Chief Justice of the Himachal Pradesh High Court in a ceremony held at Raj Bhavan, Shimla. The oath of office was administered by Governor Shiv Pratap Shukla, with Chief Secretary Prabodh Saxena reading out the Warrant of Appointment issued by the President of India. The appointment follows the transfer of former Chief Justice MS Ramchandra Rao to Jharkhand. The ceremony was attended by Justice Shakdher’s family, including his wife Deepa, his daughter, close friends, and fellow judges from the Delhi High Court.

Legal Background of Justice Rajiv Shakdher

Justice Rajiv Shakdher has an illustrious legal career. Born on October 19, 1962, he holds degrees in B.Com (Hons), Chartered Accountancy (CA), and Law (LLB). He began practicing law in 1987 and has developed expertise in civil, constitutional, taxation, and corporate laws. His vast experience includes representing cases in the Supreme Court and the Delhi High Court.

Justice Shakdher was appointed as an Additional Judge of the Delhi High Court on April 11, 2008, and later became a permanent judge on October 17, 2011. He was transferred to the Madras High Court in 2016 before returning to the Delhi High Court in 2018. His journey reflects his legal acumen and adaptability in handling complex judicial matters across various jurisdictions.

Constitutional Provisions and Appointment of Judges

The appointment of High Court judges is a critical constitutional process governed by specific provisions laid out in the Indian Constitution.

Establishment of High Courts

Article 214 of the Indian Constitution mandates that every state must have a High Court. In some cases, as per Article 231, Parliament has the authority to establish a common High Court for two or more states. This provision ensures the judiciary's accessibility and efficient functioning across India's diverse regions.

Eligibility Criteria for High Court Judges

To be eligible for appointment as a High Court judge, an individual must meet the following qualifications:

1. Indian Citizenship: The person must be a citizen of India.
2. Judicial Experience: The individual should have served in a judicial capacity in India for at least 10 years.
3. Advocacy Experience: Alternatively, the person must have worked as an advocate in a High Court or multiple High Courts for a minimum of 10 years.

These criteria ensure that the judiciary is staffed with individuals possessing significant legal expertise and experience.

Appointment Process

Article 217 of the Constitution outlines the appointment procedure for High Court judges. The process involves the following key steps:

• Presidential Appointment: Article 217 of the Indian Constitution provides that the Chief Justice of a High Court is appointed by the President, following consultation with the Chief Justice of India (CJI) and the Governor of the respective state.
• Consultation for Other Judges: In the case of appointing a judge other than the Chief Justice, the Chief Justice of the respective High Court is also consulted.

The appointment process is initiated by the Chief Justice of the concerned High Court, who consults the two senior-most judges of the court. The recommendations are then forwarded to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister. 

A judge may serve until reaching the age of 62. Any disputes regarding a judge's age are resolved by the President of India, in consultation with the Chief Justice of India (CJI), and the President's decision is deemed final.

Consultation Process

The Collegium system plays a vital role in the appointment of High Court judges. A long-standing policy ensures that Chief Justices are appointed from outside the respective states. 

Collegium System

The Collegium system, responsible for the appointment and transfer of judges, has developed through Supreme Court rulings rather than through legislation or constitutional provisions.

The Collegium is composed of the CJI and the two senior-most judges of the Supreme Court. 

While the Chief Justice of the High Court initiates the proposal, the final recommendation is made by the Collegium. 

Criticism of the Collegium System:

• Lack of transparency and clarity.
• Potential for nepotism.
• Involvement in public controversies.
• Neglects many capable junior judges and advocates.

Ad-hoc Judges

Article 224A of the Constitution allows for the appointment of retired judges.

The Chief Justice of a High Court can request the services of a retired judge under this provision.

Prior consent from the President of India is required for such an appointment.

The retired judge can be from the same High Court or any other High Court.

The appointed judge will sit and act as a judge of the High Court for the State.