Context:
During a debate on the Advocates (Amendment) Bill, 2023 in the Lok Sabha, Law Minister said that the central government is open to a policy on transfer of high court judges. The Bill has been passed by the Lok Sabha.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Appointment and Transfer of High Court Judges in India
- Advocates (Amendment) Bill, 2023
Appointment and Transfer of High Court Judges in India
Government’s Stance on Judge Transfer:
- Post-1993, with the Collegium system’s establishment, the Supreme Court Collegium oversees the transfer and appointment of high court judges.
Appointment Procedure:
- As per Article 217, the President of India appoints High Court judges.
- The appointment of a Chief Justice in a High Court involves the President consulting both the Chief Justice of India (CJI) and the state’s Governor.
- Other judges are appointed with additional consultation from the High Court’s Chief Justice.
Third Judges Case (1998) Interpretation:
- The CJI must confer with a collegium comprising the two senior-most Supreme Court judges.
- Post-consultation, the CJI proposes candidates to the President.
- If the President objects, the collegium must review the suggestions with written reasons.
- Should the collegium reaffirm its choices, the President is obliged to proceed with the appointments.
Judicial Transfers:
- The President has the authority to transfer High Court judges, subject to consultation with the CJI.
Advocates (Amendment) Bill, 2023
- Initiation in Rajya Sabha: Presented in August 2023.
- Objective: Modifies the Advocates Act of 1961, nullifies sections addressing touts in the Legal Practitioners Act of 1879.
Consolidation of Legal Practitioner Laws
- Unification of Laws: Aims to regulate legal practitioners through a singular legislative framework.
- Targeting Malpractice: Focuses on eliminating the malpractice of ‘touting’.
Detailed Provisions of the Amendment
Authority to Publish Lists of Touts
- Empowered Entities: High Courts, judges, magistrates, and revenue officers authorized to list touts.
Definition of Touts
- Activities Constituting Touting: Soliciting legal business for compensation or frequenting legal or administrative venues for such purposes.
Measures Against Touts
- Exclusion from Court: Judges can banish individuals named as touts from court premises.
Inquiry and Due Process
- Inquiry Requirement: Subordinate courts to investigate suspected tout conduct.
- Inclusion in List: Proven touts to be officially listed, with due process rights upheld.
Penalties for Touting
- Consequences: Imprisonment up to three months or a fine up to INR 500, or both, for convicted touts.
-Source: The Hindu
