The appointment of Supreme Court judges in India is a crucial process that ensures the independence and integrity of the judiciary. The system follows constitutional provisions and the Collegium System, which plays a significant role in judicial appointments.
1. Constitutional Provisions for the Appointment of Supreme Court Judges
🔹 Article 124: Establishment and Appointment of Supreme Court Judges
- The President of India appoints the judges of the Supreme Court.
- The Chief Justice of India (CJI) is appointed by the President after consulting other judges.
- Other judges are appointed based on the recommendation of the CJI and the Collegium.
2. Eligibility Criteria for Supreme Court Judges
As per Article 124(3) of the Indian Constitution, a person is eligible to become a Supreme Court judge if they meet any one of the following conditions:
✅ Must have been a judge of a High Court for at least 5 years.
✅ Must have been an advocate in a High Court for at least 10 years.
✅ Must be a distinguished jurist, in the opinion of the President.
3. The Process of Appointment of Supreme Court Judges
The appointment of Supreme Court judges follows a structured process:
1️⃣ Appointment of the Chief Justice of India (CJI)
- The President of India appoints the senior-most judge of the Supreme Court as the Chief Justice of India.
- The tradition of appointing the senior-most judge has been followed since the Supremacy of Judiciary Doctrine was established.
2️⃣ Appointment of Other Supreme Court Judges
- The Collegium System recommends names to the President.
- The Collegium consists of:
- The Chief Justice of India (CJI).
- The four senior-most Supreme Court judges.
- The President must consult the CJI before appointing other judges.
3️⃣ Role of the Government (President & Law Ministry)
- The Ministry of Law and Justice processes recommendations.
- The Prime Minister advises the President on the final approval.
- After the President’s approval, the appointment is notified.
4. The Collegium System
The Collegium System is responsible for recommending judges for appointment. It was developed through Supreme Court judgments.
Evolution of the Collegium System
✅ First Judges Case (1981) – The Executive (Government) had primacy in judicial appointments.
✅ Second Judges Case (1993) – Established the Collegium System and gave the CJI primacy in judicial appointments.
✅ Third Judges Case (1998) – Clarified that the Collegium must consist of the CJI and four senior-most judges.
🔹 Criticism of the Collegium System:
❌ Lack of transparency.
❌ No formal selection criteria.
❌ Judges appointing judges (lack of accountability).
🔹 Attempts to Reform the Collegium System:
- The National Judicial Appointments Commission (NJAC) Act, 2014, was passed to replace the Collegium System.
- However, it was struck down by the Supreme Court in 2015, declaring it unconstitutional.
5. Removal of Supreme Court Judges
A Supreme Court judge can be removed only through impeachment under Article 124(4).
Grounds for Removal
✅ Proven misbehavior
✅ Incapacity
Impeachment Process (Judges Inquiry Act, 1968)
1️⃣ A motion must be signed by 100 Lok Sabha members or 50 Rajya Sabha members.
2️⃣ A special committee investigates the charges.
3️⃣ If found guilty, the motion is voted in both Houses of Parliament.
4️⃣ Requires a two-thirds majority in both Houses.
5️⃣ President gives final approval for removal.
🚨 No Supreme Court judge has been impeached in Indian history!
6. Important Articles Related to the Appointment of Judges
| Article | Description |
|---|---|
| Article 124 | Establishment and appointment of Supreme Court judges |
| Article 124(3) | Eligibility criteria for Supreme Court judges |
| Article 124(4) | Impeachment of Supreme Court judges |
| Article 217 | Appointment of High Court judges |
| Article 222 | Transfer of High Court judges |
| Article 50 | Separation of judiciary from the executive |
7. MCQs on Appointment of Supreme Court Judges
1. Who appoints the judges of the Supreme Court?
a) Prime Minister
b) President of India
c) Chief Justice of India
d) Parliament
✅ Answer: b) President of India
2. Which article of the Indian Constitution deals with the appointment of Supreme Court judges?
a) Article 124
b) Article 131
c) Article 143
d) Article 226
✅ Answer: a) Article 124
3. Who is responsible for recommending names for Supreme Court judge appointments?
a) Parliament
b) Collegium System
c) Law Ministry
d) President of India
✅ Answer: b) Collegium System
4. How many judges, including the Chief Justice of India, can be in the Supreme Court?
a) 31
b) 33
c) 34
d) 35
✅ Answer: c) 34
5. Who was the first Chief Justice of India?
a) Justice H.J. Kania
b) Justice M.C. Chagla
c) Justice B.P. Sinha
d) Justice R.C. Lahoti
✅ Answer: a) Justice H.J. Kania
6. What is the minimum qualification required to become a Supreme Court judge?
a) 5 years of experience as an advocate
b) 10 years of experience as a High Court judge
c) 5 years of experience as a High Court judge or 10 years as an advocate
d) 20 years of legal experience
✅ Answer: c) 5 years of experience as a High Court judge or 10 years as an advocate
7. Under which article can Supreme Court judges be removed?
a) Article 124(3)
b) Article 124(4)
c) Article 226
d) Article 142
✅ Answer: b) Article 124(4)
8. Which case established the Collegium System?
a) Kesavananda Bharati Case
b) Maneka Gandhi Case
c) Second Judges Case (1993)
d) Golaknath Case
✅ Answer: c) Second Judges Case (1993)
Conclusion
The appointment of Supreme Court judges is a critical part of the independence of the judiciary. The Collegium System plays a key role in maintaining this independence, though it has been criticized for lack of transparency.
For competitive exams, understanding the eligibility, process, and role of the Collegium System is essential. Stay updated on judicial reforms and recent appointments to enhance your preparation! ✅📚
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