Justice DK Upadhyay sworn in as Chief Justice of Delhi HC
IANS

Justice Devendra Kumar Upadhyaya was sworn in as the Chief Justice of the Delhi High Court on January 21, 2025, marking a significant development in the Indian judiciary. The oath of office was administered by Lt. Governor Vinai Kumar Saxena at a ceremony held at Raj Nivas. The event was graced by the presence of Chief Minister Atishi, puisne judges, and other dignitaries.

Justice Upadhyaya's appointment was cleared by the Centre on January 14, following a recommendation from the Supreme Court Collegium. The Union Ministry of Law and Justice issued a notification stating, In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with the Chief Justice of India, is pleased to transfer Justice Devendra Kumar Upadhyaya, Chief Justice, Bombay High Court as the Chief Justice of the Delhi High Court and direct him to assume charge of the office of the Chief Justice of the Delhi High Court.

Born on June 16, 1965, Justice Upadhyaya has had a distinguished career in the judiciary. He was appointed as an Additional Judge of the Allahabad High Court in November 2011 and became a permanent judge in August 2013.

He took oath as the Chief Justice of the Bombay High Court on July 29, 2023. The appointment of Justice Upadhyaya comes in the wake of the elevation of Chief Justice Manmohan to the Supreme Court. Following this, the Centre had appointed Justice Vibhu Bakhru as the Acting Chief Justice of the Delhi High Court on December 3, 2024.

DELHI HIGH COURT
IANS

The Union Ministry of Law and Justice had issued a notification stating, In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint Justice Vibhu Bakhru, Judge of the Delhi High Court, to perform the duties of office of the Chief Justice of that High Court with effect from the date Justice Manmohan, Chief Justice, Delhi High Court relinquishes charge of his office consequent upon his elevation as a Judge of the Supreme Court of India.

The Delhi High Court, which is currently operating with 35 judges, is significantly below its sanctioned strength of 60. The appointment of Justice Upadhyaya is expected to bring stability and leadership to the court.

The transfer and appointment of judges in India have been a regular feature of the judicial system. For instance, Justice Manmohan's elevation to the Supreme Court increased the judicial strength to 33, just one short of the full sanctioned strength. Similarly, Justice Vibhu Bakhru, who was appointed as the Acting Chief Justice of the Delhi High Court, was born in Nagpur in 1966 and completed his schooling from Delhi Public School, Mathura Road. He graduated from Delhi University in 1987 and cleared his final examination for Chartered Accountancy from the Institute of Chartered Accountants of India in 1989.

In another instance, Justice Sivaraman had asked for a transfer out of the State of Kerala on October 16, 2023. In February 2024, the Supreme Court Collegium accepted her request and recommended her transfer to the Karnataka High Court.

The process of transfer and appointment of judges is governed by the Constitution of India. Article 222 empowers the President to transfer a judge from one High Court to another after consultation with the Chief Justice of India. Similarly, Article 223 empowers the President to appoint an Acting Chief Justice in the event of a vacancy or inability of the Chief Justice to perform his duties.