Judges of the Supreme Court of India are appointed as per the procedure laid down in the Constitution of India, primarily under Article 124. The appointment process involves a combination of constitutional provisions, judicial interpretations, and conventions developed over time—especially the Collegium System. Here is a detailed explanation of how the judges of the Supreme Court are appointed: 1. Constitutional Provision (Article 124): According to Article 124(2) of the Indian Constitution: Every judge of the Supreme Court shall be appointed by the President of India. The President shall consult the Chief Justice of India (CJI) and such other judges of the Supreme Court and High Courts as deemed necessary. However, over time, the Supreme Court itself interpreted this provision to ensure judicial independence through the Collegium System. 2. The Collegium System: This system was evolved through three landmark cases known as the Three Judges Cases. Under this system: The Collegium for appointing Supreme Court judges consists of the Chief Justice of India and the four senior-most judges of the Supreme Court. The Collegium recommends names for appointment as Supreme Court judges. These names are sent to the Ministry of Law and Justice, which processes them and forwards them to the President of India. The President can send the names back for reconsideration once. If the Collegium reiterates the same names, the President is bound to approve them. 3. Qualifications for Appointment (as per Article 124(3)): A person is eligible to be appointed as a judge of the Supreme Court if they: Are a citizen of India, and Have been a judge of a High Court (or two or more High Courts in succession) for at least five years, or Have been an advocate in a High Court (or two or more in succession) for at least ten years, or Are, in the opinion of the President, a distinguished jurist. 4. Appointment of the Chief Justice of India: Traditionally, the senior-most judge of the Supreme Court is appointed as the Chief Justice of India (CJI). This is based on convention, not a legal rule, though it has been consistently followed. 5. Role of the Executive: While the President formally appoints the judges, the role of the executive is limited under the Collegium system. The government can seek reconsideration, but if the Collegium reiterates its recommendation, it becomes binding. 6. Oath and Tenure: After appointment, a Supreme Court judge takes an oath administered by the President of India. The retirement age of a Supreme Court judge is 65 years. Conclusion: The judges of the Supreme Court are appointed by the President of India in consultation with the judiciary through the Collegium System, which is meant to preserve judicial independence and ensure merit-based selection.

Articles 124(2) and 217 of the Constitution governs the appointment of judges to the Supreme Court and High Courts respectively. Under both provisions, the President has the power to make the appointments “after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary”. In practice, this has evolved into the collegium system, wherein the judiciary plays a crucial role in the appointment process. Eligibility Criteria: As per the Article 124(3) of the Constitution of India, a person is qualified to be appointed as the Judge of the Supreme Court if: He is a citizen of India and, has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or Is, in the opinion of the President, a distinguished jurist. The Collegium System: In the Supreme Court Advocates-on-Record Association v Union of India (1993), a nine-judge Constitution Bench evolved the ‘collegium system’ for appointment and transfer of judges in the higher judiciary. The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts. The collegium can veto the government if the names are sent back by the latter for reconsideration. The basic idea behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent. Memorandum of Procesure (MoP): The appointment of the CJI and judges of the apex court is governed by a Memorandum of Procedure. The CJI and the judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. The appointment to the office of the CJI should be of the senior-most judge of the Supreme Court considered fit to hold the office. The Union Law Minister would, at an “appropriate time”, seek the recommendation of the outgoing CJI on his successor. Once the CJI recommends, the Law Minister forwards the communication to the Prime Minister who would advise the President on the appointment. In the event of a Supreme Court judge’s appointment, when a vacancy is anticipated, the collegium would recommend a candidate to the Union Law Minister. Additionally, the Chief Justice of India (CJI) would seek the opinions of the senior-most judges in the Supreme Court, who are from the High Court where the recommended candidate originates. Each member of the Collegium and other consulted judges would submit their written opinions, which would be included in the file containing the candidate’s information. If the CJI had consulted persons who are non-judges, they would prepare a memorandum summarizing the consultation, which would also be part of the file. Upon receiving the Collegium’s recommendation, the Law Minister would forward it to the Prime Minister, who would then advise the President on the matter of appointment. Conclusion: The appointment of the Judges of the Supreme Court is a complex process designed to uphold the judicial independence. The Collegium system remains the prevailing mechanism for judicial appointments. This system rooted in precedents, and supported by the Memorandum of Procedure, seeks to minimize the executive interference and uphold the integrity and autonomy of the judiciary in India.