Tenure of Chief Justices of High Courts | UPSC Editorials

Last Updated on Dec 13, 2024

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Context: In the month of September 2024, Chief Justices for eight High Courts in India were appointed. Except for one, all the others have very short tenures in the range of 6 months to 15 months.

Analysis based on	Editorial Chief Justices need longer tenures published in The Hindu on December 12th, 2024
Topics for UPSC Prelims	Indian Judiciary, Historical perspectives on the Indian judiciary, Chief Justices of High Courts, Constitutional provisions related to the judiciary
Topics for UPSC Mains	Appointments to various Constitutional posts, Issues and challenges pertaining to the federal structure, Devolution of powers, Structure, organization, and functioning of the Executive and the Judiciary

A Case Study of the Tenures of Chief Justices in Madras High Court
During the Colonial Period Madras High Court had 11 Chief Justices in 85 years (1862-1947). Thus, each Chief Justice served roughly eight years during British rule. In contrast, in the Post-Independence period, the same High Court had 24 Chief Justices in 65 years (1947-2012). As a result, the average tenure of each Chief Justice came down to approx. 2.75 years.
Read the article on the List of High Courts in India!

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Key Responsibilities of a High Court Chief Justice
The high court chief justices hold the following roles and responsibilities:

Administrative Leadership: He or she manages the functioning of the High Court, from resource acquisition to infrastructure development, the administration of policies for Courts, etc.

[Example: driving digitization initiatives].

Management of judicial roster: Forms the court roster and accordingly distributes cases among various benches ensuring smooth distribution of cases.

[Example: Constituting different special benches for particular categories of cases].

Appointment Recommendations: Plays a crucial role in recommending names for the appointment and transfer of judges.

[Example: Evaluating suitable candidates for judgeship].

Staff Supervision: It deals with the welfare and discipline of court staff as well as subordinate judiciary which includes taking disciplinary actions in case of need.

[Example: Managing Performance evaluation, redressing grievances].

Stakeholder Engagement: Interacts with diverse stakeholders like Bar Council, advocate associations, and government authorities.

[Example: Periodic meetings with Bar Associations, redressing their grievances].

Legal Education Oversight: Deals with the matters of legal education in the state and also develops legal consciousness.

[Example: Legal literacy programmes, Supervision of law colleges].

Financial Management: Keeps the institution financially fit and decides on the budgetary allocations.

[Example: Infrastructural development and court modernization].

Read the article on the Appointments and Transfer in High Courts!

Impact of Short Tenures on Judicial Administration
The short tenures of chief justices may lead to the following adverse effects on judicial administration:

Policy discontinuity: There is a lack of long-term reform and policy implementation because of incessant change in leadership.

[Example: Digitization projects remaining incomplete].

Learning Gap: Chief Justices barely grasp the intricacies of an institution before retirement, and this is what hinders effective decision-making.

[Example: Regional peculiarities of different High Courts].

Administrative Instability: Constant change in leadership impairs smooth functioning of the administrative processes.

[Example: Changes in priority areas and focus].

Institutional Knowledge Loss: Frequent changeover of leadership leads to the loss of institutional experience and memory.

[Example: Best practices not getting institutionalized].

Staff Morale: Frequent change of leaders affects the staff's morale and stability in the institution.

[Example: Changes in administrative policies affecting working conditions].

Resource Utilization: Lack of utilization of resources is due to the frequent changes since the priorities are frequently changed.

[Example: Infrastructure projects are left unfinished].

Stakeholder Relationships: Limited time to build meaningful relationships with the Bar, government, and other stakeholders.

[Example: Inability to address long-standing Bar grievances].

Read the article on the Decentralization of Power!
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UPSC Practice Question
“The declining tenure of High Court Chief Justices represents a structural challenge to judicial administration in India." Critically examine this statement while suggesting measures to address this issue. (150 words, 10 marks)

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Tenure of Chief Justices of High Courts | UPSC Editorials

IMPORTANT LINKS

UPSC Practice Question
“The declining tenure of High Court Chief Justices represents a structural challenge to judicial administration in India." Critically examine this statement while suggesting measures to address this issue. (150 words, 10 marks)

PSC Exams

Latest Exam Update

Coaching

UPSC Current Affairs

Syllabus

UPSC Notes

Previous Year Papers

Mock Tests

UPSC Editorial

Books

Government Schemes

Topics

Bilateral Ties

Tenure of Chief Justices of High Courts | UPSC Editorials

IMPORTANT LINKS

UPSC Practice Question“The declining tenure of High Court Chief Justices represents a structural challenge to judicial administration in India." Critically examine this statement while suggesting measures to address this issue. (150 words, 10 marks)

UPSC Practice Question
“The declining tenure of High Court Chief Justices represents a structural challenge to judicial administration in India." Critically examine this statement while suggesting measures to address this issue. (150 words, 10 marks)