4 Questions and Answer on "puisne judges"

 1-What does the term "puisne" mean in the context of judges?

  • "Puisne" is a French word meaning "later born" or younger.
  • It refers to the seniority of rank among judges and is used to denote judges who are ranked lower than the Chief Justice of a court.

2-What is the difference between puisne judges in India and the UK?

  • In the UK, puisne judges are any judges of the High Court besides the Lord Chancellor, the Lord Chief Justice of England, and the Master of the Rolls.
  • In India, all judges have the same judicial powers, with the Chief Justice having an additional administrative role. "Puisne judge" refers only to seniority for appointments and elevations to High Courts, but does not impact a judge's exercise of judicial power.

3-What was the reason for the Supreme Court collegium's recommendation for two judges for appointment to the Supreme Court?

  • The Supreme Court collegium recommended the appointment of Justice Rajesh Bindal and Justice Aravind Kumar, current Chief Justices of the Allahabad and Gujarat High Courts, respectively.
  • The recommendation was made taking into consideration the seniority of Chief Justices and senior puisne Judges in their respective parent High Courts, as well as the overall seniority of the High Court Judges.
  • Seniority is one of several criteria considered while making appointments to the higher judiciary.

4-What is the process for the appointment of judges to the Supreme Court according to the Third Judges Case ruling?

  • The Third Judges Case ruling in 1998 clarified that the Chief Justice of India must make a recommendation for the appointment of a Supreme Court judge in consultation with the four senior-most puisne Judges of the Supreme Court.

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