APPOINTMENT OF JUDGES

APPOINTMENT OF JUDGES

Subject : Polity

Context : The Supreme Court asked the government to clarify on the status of 55 recommendations made by the Collegium for judicial appointments to High Courts six months to nearly a year-and-a-half ago.

Concept :

Appointment of Judges

• Article 124(2) says that the President of India Shall appoint the judges after consultation with such number of Judges of the SC/HC as he deems necessary. For appointment of any Judge of SC (other than CJI), the CJI must be consulted.
• The three Judges case of 1981, 1993 & 1998 has formalised the collegium system for the purpose of consultation.
• The collegium for appointing SC judge consists of the CJI and 4 senior-most judges of SC.
• Memorandum of Procedure (MoP) was set up after the Third Judge Case of 1998 to provide the process of how the Collegium would recommend names to the Executive.
• The President of India can either accept the recommendation or send it back for reconsideration. The reconsidered advice must be accepted by the President.