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Appointment of judges in the Supreme Court

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Appointment of judges in the Supreme Court

Appointments to all 34 sanctioned posts of judges in the Supreme Court of India will be made after more than two years. Due to which the Supreme Court will work with the full capacity of 34 judges.

It may be noted that against the total sanctioned strength of 34 judges, the apex court currently has 32 judges.

According to Article 124(1) of the Constitution of India, Parliament can by law determine the number of judges in the Supreme Court.

Appointment of Judges:

  • The Chief Justice of India (CJI) and other judges of the Supreme Court are appointed by the President under Article 124(2) of the Constitution through the collegium system.
  • The collegium system has evolved with the three judges case.
  • First Judges case, 1981 or SP Gupta case: The Supreme Court has ruled that the President can ‘reject the recommendation’ made by the Chief Justice of India on ‘grounded grounds’. In this way the executive got more powers in this matter.
  • Second Judges Case, 1993 Supreme Court Advocates on Record Association (SCARA) vs Union of India Case: The Chief Justice of India is required to consult only the two senior most judges on judicial appointments and transfers.
  • Third Judges Case, 1998: The Chief Justice of India should consult the four senior most judges of the Supreme Court to form his opinion on judicial appointments and transfers.

Collegium system

  • Collegium is a system where a committee takes decisions related to the appointment and transfer of judges to the Supreme Court and High Courts.
  • The committee consists of the Chief Justice of India (CJI), four senior-most judges of the Supreme Court and three members of the High Court (if appointments are to be made to the High Courts).

Source – The Hindu

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