'Candidates failing to fulfil income requirement for HC judgeship being recommended'

The government has flagged several recommendations made by high court collegiums to appoint lawyers as judges, saying the candidates fail to fulfil the minimum income requirement.

In the past three months, the Department of Justice in the Law Ministry has pointed out at some 25 recommendations where the candidates from the Bar have failed to meet the requirement to have an average annual income of Rs 7 lakh in the preceding five years to be considered for high court judgeship.

"We have flagged the issue while forwarding the recommendations to the Supreme Court collegium.The SC collegium would automatically reject such recommendations. But, it is our duty to point out the lacunae," a functionary said.

The minimum income requirement is prescribed in the memorandum of procedure, a document which guides the appointment and transfer of high court and Supreme Court judges.

As per the established procedure, the high court collegiums send the names of candidates to be appointed as high court judges to the Law Ministry.

After attaching reports of the Intelligence Bureau on the background of candidates, the ministry forwards it to the apex court's collegium.

The Supreme Court collegium then recommends the names of candidates it finds suitable for judgeship.

The government either accepts the recommendations or returns them for reconsideration to the collegium.