Five new Supreme Court judges sworn in
Recently, after the approval of the Central Government, the President has appointed five new judges in the Supreme Court.
Accepting the recommendations made by the Supreme Court Collegium, the Central Government has notified the appointment of 5 judges.
With these appointments, the total strength of judges in the Supreme Court has gone up to 32 as against the sanctioned strength of 34. The sanctioned number is determined through a law made by the Parliament under Article 124(1) of the Constitution.
The Chief Justice of India (CJI) and the judges of the Supreme Court are appointed by the President under Article 124 (2) of the Constitution.
These appointments are made on the basis of Memorandum of Procedure.
Under the Memorandum of Procedure, the Union Minister for Law, Justice and Company Affairs considers the recommendations sent by the CJI.
The collegium system is the means by which the appointment or transfer of judges of the Supreme Court and any High Court is done.
The Supreme Court Collegium is headed by the Chief Justice of India (CJI) and consists of the four other senior-most judges of the apex court.
The High Court Collegium is headed by the current Chief Justice of the High Court concerned, while two other senior-most judges are its members.
This Collegium sends its recommendations to the Supreme Court Collegium. The collegium system evolved with the Three Judges Case.
These three cases are as follows:
- First Judges Case, 1981 or S. P. Gupta Case: The Supreme Court ruled that the President can overrule the recommendation made by the Chief Justice of India “on cogent reasons”. Thus the executive got more powers in this case.
- Second Judges Case, 1993 {Supreme Court Advocates on Record Association (SCARA) Vs Union of India}: 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 must consult the four senior-most judges of the Supreme Court to form his opinion on judicial appointments and transfers.
Source – The Hindu
