Appointment of Judges

 

Context:

• Recently, the Chief Justice of India in conversation with U.S. Supreme Court judge held that Idea that judges appoint judges is wrong and the Executive is one of the key stakeholders.

 

What is the procedure?

• The judges of Supreme Court are appointed by the President on the consultation of collegium.
• The consultation of Chief Justice is obligatory in case of appointment of a judge other than Chief Justice.
• In the First Judges Case, the court held that consultation does not mean concurrence, but this was reversed in the second judges’ case.
• In the third Judges case the court opined that consultation process to be adopted by CJI requires consultation of plurality of judges.
• He should consult a collegium of four senior most judges of Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the Government.

 

Qualifications:

a. He should be a citizen of India
b. He should have been a judge in HC for 5 years or a advocate of a HC for 10 years.
c. He should be distinguished jurist in the opinion of the President
d. Constitution has not prescribed a minimum age for appointment as a judge of SC.

 

Source: THE HINDU.

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