Judicial Appointments, Transfers and Promotions
What this domain tests
This domain tests appointments under section 174, acting appointments under section 175, and the JSC's role in appointments, transfers, and promotions. Questions often test the difference between recommendation and appointment.
Core rules and concepts
- Section 174 requires judges to be appropriately qualified and fit and proper. The JSC interviews candidates and advises the President.
- The President appoints judges after the JSC's advice. For the Chief Justice and Deputy Chief Justice, the President also consults the leaders of parties represented in the National Assembly and the JSC.
- Acting judges may be appointed under section 175 for a limited period. An acting appointment does not confer a permanent right to the office.
- A judge may be transferred to another court with consent. Transfers without consent are exceptional and statutory.
- Promotion is not automatic. A judge must apply or be considered through the JSC process.
Worked example
A judge acts in the Supreme Court of Appeal for several months and claims permanent appointment. Reasoning: section 175 permits an acting appointment for a defined period. It does not make the judge permanent. Permanent appointment requires the JSC process and presidential appointment. The correct answer is that the acting appointment creates no automatic right.
Traps that cost marks
- Saying the JSC appoints judges rather than advises.
- Treating acting appointments as permanent.
- Assuming promotion follows automatically from seniority.
- Ignoring the consent requirement for transfers.