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  • Category: Lawyers

    How are judges of supreme courts appointed?


    Wondering how the supreme court judges are appointed? Want to know the qualifications and the appointment procedure? Scroll through the responses from experts here and become aware of the appointment procedure.

    The apex court of our country is known as supreme court of India. How are judges of this court are appointed? What are the essential qualifications to be nominated for judge of supreme court of India?
    What is the official procedure to appoint judges of supreme court of India?
  • #148108
    Judges of the Supreme Court of India are appointed by the President of India. The recommendation in this regard is forwarded to the President by a Collegium. Now, what is Collegium? A Collegium is a closed group of Judges consisting of Chief Justice of India, four Senior-most Judges of the Supreme Court and the Chief Justices of those High Courts, the Judges of which are being considered for the appointment.

    Generally, Judges of the High Courts and very senior Advocates practising in Supreme Courts are considered for appointment as Judges of the Supreme Court.

    Caution: Explosive. Handle with care.

  • #148110
    The persons who are being appointed as Judges in the supreme court or high court will be the qualified and experienced advocates who are practising in the supreme court. The Judges of various high courts will also be considered for this posting.
    The President of India will appoint these judges under clause (2) of Article 124 of the constitution if India. He will ask the recommendations of a committee constituted by the president including Chief Justice of India, four senior judges of Supreme court and Chief judges of High courts where from judges are being considered for appointment. This committee will be known as Collegium.

    drrao
    always confident

  • #148135
    As the court held in the Three Judges' Cases (1982, 1993, 1998), a supreme court judge is appointed by The Honourable President of India on the recommendation of Collegium. The Collegium is a closed group of judges which consists of Chief Justice of India, four senior-most associate judges and senior judge of the prospective appointee resulting in Memorandum of Procedure to be followed.

    The Collegium received wide criticism in 2015 and the parliament has passed a bill that Collegium must be replaced by National Judicial Appointments Commission (NJAC). Supreme Court itself claimed this law unconstitutional and stroked off this bill. They also requested to give suggestions, even from the general public on improving the efficacy of Collegium regarding the improvement of appointments of the judges.

    Thank You
    Dr. V. Shashikanth

  • #148247
    The Chief Justice of India along with four senior-most associate judges of the SC and one senior most judge of the High court ( these 6 form the collegium) recommend names to the President of India who finally authorizes the appointment of the SC judge.

    This is based on the three judges cases (judge's transfer case of 1982, SC advocates on record vs Union of India -1993 and In re special reference -1998) which basically imply that the other arms of the executive/legislature can have any role in the appointment of SC judge.

    The recommendation is also not at based on one person's view but with the views and internal consultations all put in writing.

    The NJAC National Judicial appointments commission, a 6 member committee proposed an alternative to select an SC judge, pointing out that the current system lacks transparency as it's a closed door method. In the counter arguement the existing Three judges cases system of appointment claims that what NJAC propsed has a possibility of political interference.


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