Appointment of Supreme Court judges
Date: 11 May 2022 Tags: ConstitutionIssue
Justice Sudhanshu Dhulia and Justice Jamshed Burjor Pardiwala were appointed as Supreme Court judges.
Background
The appointment has allowed Supreme Court to gain its full strength of 34 judges.
Details
Clause 2 of Article 124 of India’s Constitution has provisions for appointing judges to the Supreme Court of India.
Criteria
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The person must necessarily be a citizen of India
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He/she must have either been a judge of a High Court or two or more such courts in succession for at least five years or
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He/she must have been an advocate of a High Court or of two or more such courts in succession for at least ten years or
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He/she should be a distinguished jurist in the opinion of the President
Process
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The CJI makes decision on the appointment based on consultation with a collegium of the four senior-most judges of the Supreme Court.
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The CJI’s successor will be made a part of the Collegium. The opinion of Collegium member who may have worked in the same High Court will be considered.
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The opinion of members on recommended candidates will be given in writing and made part of the record.
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The opinion of the senior-most judge of the Supreme Court from the same High Court as the tentative candidate is also included.
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The opinions are sent to the Union Minister of Law, Justice and Company Affairs. The minister presents them to the Prime Minister, who recommends the name to President of India for appointment.
Post appointment
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Once appointed, the secretary of Department of Justice informs the CJI and obtains a certificate of physical fitness from the appointed judge.
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Once the President of India signs warrant of appointment, the secretary announces the appointment of the judge. A notification is issued in the Gazette of India.