Source: Notification 

Why in News?

By way of a notification dated 6^th January 2025 the President appointed two advocates as the judges of the Delhi High Court.                   

• The notification provided for appointment of S/Shri (i) Ajay Digpaul and (ii) Harish Vaidyanathan Shankar to be judges of the Delhi High Court. 

What did the Notification Provide for?

• The Notification is dated 6^th January 2025. 
• The Notification was issued by the Government of India, Ministry of Law and Justice, Department of Justice (Appointments Division). 
• The Notification provided that the appointment was done in exercise of powers under Article 217 (1) of the Constitution of India, 1950 (COI). 
• The Union Minister of State (Independent Charge) for Law and Justice Arjun Ram Meghwal via post in X confirmed the appointments. 
• It provided that the President was pleased to appoint the following persons as the judge of the Delhi High Court: 
  • S/Shri Ajay Digpaul 
  • S/Shri Harish Vaidyanathan Shankar  
• The appointment was done in that order of seniority.  
•  On 21st August 2024 the Supreme Court collegium recommended the names of the following persons to be appointed as the judge of the Delhi High Court: 
  • Ajay Digpaul 
  • Harish Vaidyanathan Shankar 
  • Shewtasree Majumder 
  • While the Centre appointed the first two as the judge of the Delhi High Court, the government did not clear the name of Shewtasree Majumder. 

What is the Composition of Delhi High Court?  

• The Delhi High Court was initially formed with a panel of four Judges, including Chief Justice K.S. Hegde, Justice I.D. Dua, Justice H.R. Khanna, and Justice S.K. Kapur.  
• Over the years, the number of Judges in this High Court has gradually increased. 
• At present, the authorized number of Judges for the Delhi High Court stands at 45 Permanent Judges and 15 Additional Judges. 
• The Delhi High Court is currently functioning with 35 judges as against the sanctioned strength of 60 judges. 
• Currently, the Acting Chief Justice of Delhi High Court is Justice Vibhu Bakhru.

How are Judges Appointed in Delhi High Court?

• Article 217 of the COI provides for the appointment and conditions of the office of a judge of a High Court. 
• The President appoints Chief Justice of the Delhi High Court, in consultation with the Chief Justice of India (CJI). 
  • The CJI is required to consult with two senior-most judges of the Supreme Court. 
• The President appoints Judges to the Delhi High Court (excluding the Chief Justice) through a formal process by warrant under his hand and seal. 
  • This involves consulting with the Chief Justice of India and following the recommendation of the Chief Justice of the Delhi High Court. 
• Additionally, the Chief Justice of India is obligated to seek input from the two most senior judges in the Supreme Court, while the Chief Justice of the Delhi High Court must also consult with their two most senior associate judges when suggesting a candidate for a High Court appointment. 
• Removal of the judge of the High Court (Article 217 (1)) 
  • The Proviso to Article 217 (1) provides for ways in which the Judge of the High Court can be removed: 
    • a Judge may, by writing under his hand addressed to the President, resign his office; 
    • a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court; 
    • the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
      
• Qualifications to be appointed as the judge of the High Court: 
  • Citizen of India 
  • has for at least ten years held a judicial office in the territory of India 
  • has for at least ten years been an advocate of a High Court ' or of two or more such courts in succession; 
• If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.