Puisne judge

In the United Kingdom and Commonwealth countries, a puisne judge is a judge who is not the Lord Chancellor, Lord Chief Justice, or Master of the Rolls. The Supreme Court of Judicature Act of 1877 defined a puisne judge as any judge of the High Court besides the above mentioned.

In India, all judges have the same judicial powers, with the Chief Justice of India having additional administrative responsibilities as the senior-most judge. The term “puisne judge” is only used in India to determine seniority for High Court appointments and elevations and has no bearing on a judge’s judicial powers.

The Origin and Definition of Puisne

The term puisne has French origins and means “later born” or younger. It is pronounced /’pju?ni/, like “puny”, the English word that means small or undersized. Puisne is used to denote the seniority of rank of judges and is used in common law countries to refer to judges who are ranked lower in seniority, i.e., any judge other than the Chief Justice.

Common law, which is used interchangeably with “case law”, is the body of law created by judges through their written opinions, rather than through statutes or constitutions. The United Kingdom and the Commonwealth countries, including India, are common law countries.

Collegium’s Recommendation on Puisne Judges

The Supreme Court collegium recently recommended Justice Rajesh Bindal and Justice Aravind Kumar for appointment as judges of the Supreme Court. The collegium stated that the decision 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 the criteria considered while making appointments to the higher judiciary.

In the Third Judges Case ruling in 1998, the Supreme Court clarified that the Chief Justice of India must make a recommendation for appointment or transfer of a Chief Justice or puisne Judge of a High Court in consultation with the four senior-most puisne Judges of the Supreme Court.

In conclusion, the term puisne judge is used in common law countries to refer to judges who are ranked lower in seniority than the Chief Justice. In India, all judges have the same judicial powers, with the Chief Justice having additional administrative responsibilities. The term “puisne judge” is used for determining seniority for High Court appointments and elevations, but it has no bearing on a judge’s judicial powers.