Question

By whom are the Judges of the Supreme Court appointed and how?

Answer 1

Hint:
- Under Article124 (4) and 217 of the Constitution of India, the Judges of the Supreme Court and High Court are appointed.
- According to Article 217, in consultation with the Chief Justice of India and the Governor of the State in question, the Chief Justice of the High Court is named by the President.

Complete solution:

Who & How?

The following are the guidelines for the selection of a Supreme Court Judge, according to the Constitution of India:

Each Judge of the Supreme Court shall, after consulting the Judges of the Supreme Court and of the High Court in the States, be appointed by the President by warrant under his/her hand and seal, as the President can deem appropriate for the reason, and shall hold office until the age of 65.

The Supreme Court has ruled that it is not binding on the President to meet with the Chief Justice. The Court held, however, that the consultation should be successful.

The Court notes in Supreme Court Advocates-on-Record Association vs Union of India 1993 that the opinion of the CJI is binding on the President, the Court also held that it is required to consult two of the senior-most judges when advising the President CJI.

- CJI is the sole authority to begin the Supreme Court Judges' appointment process.
- In the event of a difference of opinion between the CJI and the President, there would be a primary view held by the CJI.

The Eleventh Presidential Reference sought clarification on some questions concerning the consultation procedure to be followed by the Chief Justice of India, as provided for in the 1993 case concerning the appointment and transfer of judges.

- It is obligatory for the President to take into account the opinion of the CJI in judicial appointments. The CJI's opinion is binding on the government.
- After due consultation with a college of at least four senior judges of the Supreme Court, the opinion of the CJI must be established.

Note:
Few points to remember:
- The Supreme Court of India's Collegium System deals with the appointment and transfer of judges only.
- The Supreme Court's judicial independence, which formed through the three common cases, guarantees that no branch of the state, including the Executive and the Legislature, can intervene in the appointment and transfer of judges.