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UPSC Notes

Appointment of High Court Judges and Chief Justices

PYQs

8

Articles

2

Momentum

26

Phase IFoundation

Background

Overview

This topic is crucial for understanding the functioning of the Indian judiciary, the delicate balance of power between the Centre and States, and the ongoing debates surrounding judicial independence and accountability.

The appointment of High Court judges and Chief Justices in India is a crucial constitutional process ensuring the independence and integrity of the judiciary. It involves the President of India, the Chief Justice of India, and the Governor of the respective state, as outlined in the Constitution.

Phase IIStatic core

Facts & tables

Key facts

Appointing Authority

President of India

Mandatory Consultation (CJI)

President must consult the Chief Justice of India (CJI).

Consultation for HC Judges

For High Court judges, consultation with the Governor of the state and the Chief Justice of the concerned High Court is also required.

Consultation for HC Chief Justices

For Chief Justices of High Courts, consultation with the Governor of the state is also required.

Constitutional Basis

Article 217 of the Indian Constitution deals with the appointment of High Court judges by the President.

Collegium System

The Supreme Court Collegium recommends names for appointment and transfer of High Court judges and Chief Justices.

Memorandum of Procedure (MoP)

Details the consultative process, including obtaining views from the concerned State Government (Governor and Chief Minister).

Role of State Government

While views are sought, the State Government does not possess a veto power over the Collegium's recommendations.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaIndian Polity & Governance
Conceptual areaJudicial Appointments
Conceptual areaCentre-State Relations

Reference table

Institutions & roles

BodyRole
President of IndiaAppoints
Chief Justice of IndiaConsults
High CourtsReceive appointments
Supreme Court CollegiumRecommends
Union Ministry of Law and JusticeProcesses
State GovernmentConsulted
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Statement-based questions

Prelims angle: Conceptual understanding

Quick revision

  • President appoints High Court judges and Chief Justices.
  • Mandatory consultation with CJI.
  • Consultation with Governor and HC CJ (for judges) or Governor (for CJs).
  • Constitutional provisions ensure judicial independence.
  • Collegium system plays a key role in recommendations.

Elimination traps

Constitutional vs statutory — Distinguish that these appointments are governed by constitutional provisions, not statutory laws.

Check if created by Constitution or by Parliament.

High-confidence PYQs

2025Factual recall, Multi-statement analysis

Who amongst the following are members of the Jury to select the recipient of 'Gandhi Peace Prize'? I. The President of India II. The Prime Minister of India...

Social Issues & SchemesOpen question
2024Definition-based questions, Institutional roles and functions

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Indian PolityOpen question
2023Multi-statement analysis, Factual recall

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in t...

Indian PolityOpen question
2022Statement-based questions, Factual recall

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

Indian PolityOpen question
2021Statement-based questions, Conceptual understanding

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Indian PolityOpen question
2019Statement-based questions, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Indian PolityOpen question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Indian PolityOpen question
2019Multi-statement analysis, Factual recall

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Indian PolityOpen question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Indian PolityOpen question
2014Factual recall, Institutional roles and functions

The power to increase the number of judges in the Supreme Court of India is vested in

Indian PolityOpen question

Topic timeline

Indian Polity & GovernanceJudicial AppointmentsCentre-State Relations
Prelims 2014· Factual recall, Institutional roles and functions

The power to increase the number of judges in the Supreme Court of India is vested in

Open question
Prelims 2019· Statement-based questions, Conceptual understanding

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Open question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Open question
Prelims 2019· Multi-statement analysis, Factual recall

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

Open question

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

Open question
Prelims 2021· Statement-based questions, Conceptual understanding

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Open question
Prelims 2022· Statement-based questions, Factual recall

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

Open question
Prelims 2023· Multi-statement analysis, Factual recall

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in t...

Open question
Prelims 2024· Definition-based questions, Institutional roles and functions

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Open question
Prelims 2025· Factual recall, Multi-statement analysis

Who amongst the following are members of the Jury to select the recipient of 'Gandhi Peace Prize'? I. The President of India II. The Prime Minister of India...

Open question

Eight High Court judges appointed as Chief Justices

06 Sep 2026 · The President appoints High Court judges and Chief Justices after mandatory consultation with the CJI and other relevant authorities, a process critical for judicial independence.

Read article

Punjab govt. objects to appointment of Ashwani Kumar Mishra as HC chief justice, asks Centre to stop oath ceremony

07 Sep 2026 · The process of appointing High Court judges and Chief Justices involves the Supreme Court Collegium, Union government, and state governments, as per Article 217 and the MoP. Recent disputes highlight tensions in Centre-State consultation and the interpretation of procedural norms.

Read article

Related topics

Current topic

Appointment of High Court Judges and Chief Justices

Often confused with

State Autonomy in Indian Federalism

Open notesOften confused with

Judicial Appointments and the Collegium System

Open notesOften confused with

Judicial Appointments and Transfers (Collegium System)

Open notes

Practice writing on this topic

UPSC has asked 8 linked questions on Appointment of High Court Judges and Chief Justices in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Appointment of High Court Judges and Chief Justices

Practice official previous year questions asked by UPSC related to this concept.

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

2021·Indian Polity
Solve

Consider the following statements : 1. Pursuant to the report of H.N. Sanyal Committee, the Contempt of Courts Act, 1971 was passed. 2. The Constitution of ...

2022·Indian Polity
Solve

With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to ...

2019·Indian Polity
Solve

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

2024·Indian Polity
Solve

Who amongst the following are members of the Jury to select the recipient of 'Gandhi Peace Prize'? I. The President of India II. The Prime Minister of India...

2025·Social Issues & Schemes
Solve

Consider the following statements : 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per ...

2019·Indian Polity
Solve

Consider the following statements: 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in t...

2023·Indian Polity
Solve

The power to increase the number of judges in the Supreme Court of India is vested in

2014·Indian Polity
Solve

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