The appointment process for judges in the Supreme Court of India is governed by the Constitution of India, which outlines the following steps: Eligibility: To be eligible for appointment as a judge of the Supreme Court, a person must be a citizen of India, must have been a judge of a high court for at least five years or an advocate of a high court for at least ten years, or must be a distinguished jurist. Recommendations: The Chief Justice of India (CJI) initiates the process by making recommendations for appointment. The CJI consults with a collegium of the four senior-most judges of the Supreme Court. The collegium may either agree or disagree with the CJI's recommendations. Consultation with the government: If the collegium agrees with the CJI's recommendations, the names of the proposed candidates are sent to the government. The government may either accept or reject the recommendations. If the government rejects the recommendations, the collegium can reconsider the names. Appointment: Once the government accepts the recommendations, the President of India formally appoints the judge. It is important to note that there has been some controversy surrounding the appointment process in recent years, with some critics arguing that it is not transparent enough and that it gives too much power to the judiciary.
Answer By AnikDear Client, As per the Constitution of India, every judge of the Apex Court that is the Supreme Court shall be appointed by the President of India with the consultation with the judges of the Supreme Court and of the High Court in the states as President may deem necessary and those Judges should office till, he/she attains the age of 65 years. Article 123(2) of Indian Constitution also states this. Well Supreme Court has held various times that the consultation with Chief Justice is not binding but the Court supported that it is effective. And one of the landmark judgement Supreme Court Advocates on Record Association vs Union of India 1993, it was decided that Chief Justice is expected to consult two of the Senior most Judges as well. And in case of conflict between President and CJI, the CJI should have an upper hand while appointment of Judges. And now after various landmark and vital judgements by the Supreme Court on the appointment of judges, now we have Collegium System and it has been evolved with a series of judgements, and collegium system is responsible and play a vital role in appointment of Judges both in High Court and the Supreme Court. Collegium consists of the Chief Justice of India and four Senior most judges of the Supreme Court, and they play role in appointing and also in transferring judges in the Supreme Court. And it is important to note that it is not based on any law or constitutional provisions but it’s a collaborative process between the executive and the judiciary to fill the vacancies. And there are certain conditions for a person to be appointed as a Judges in the Supreme Court they are as follows: Should be a citizen of India, have served as a judge of a High Court for at least 5 years, have served as an advocate of a High Court for at least 10 years, or be considered as a distinguished Jurist by the President of India. And they can only be removed through an impeachment process. And Collegium led by the CJI submits the names to the Union Law and Justice Minister of Union Government of India and then the Union Minister present a proposal of Judges name to the Prime Minister of India and then Prime Minister advises the President of India to appoint the Judges. I hope this answer helps.
Answer By Ayantika MondalDear Client, As per the Constitution of India, all the judges of the Supreme Court are appointed by the President of India, and it is done after consulting the judges of the Supreme Court and various High Courts at state level. Judges of the Supreme Court can hold office till they turn 65 years old. This is given in Article 124(2) of the Indian Constitution. The Apex Court has also clarified that Chief Justice’s consultation is not mandatory and must but, it amount to effective. A vital judgment in this matter was the 1993 case, Supreme Court Advocates on Record Association vs Union of India, which said that the CJI should consult with two of the senior-most judges. In case of any conflict between the President and the CJI, the CJI’s recommendation should be valued and appreciated. From time to time the process for appointing judges evolved through a series of important judgements, which resulted in creation of the Collegium System. This system plays an important role in the appointment and transfer of judges to both the Supreme Court and High Courts. The Collegium is made up of the CJI and the 4 senior-most judges of the Supreme Court. This is not supported by any specific law or constitutional provision but, it is a collaborative process between the executive and judiciary to appoint the Judges. Judges must meet certain qualifications and criteria to be appointed as the Judge, • Person should be a citizen of India • Who have served as a judge of a High Court for at least five years • Who have practiced as an advocate in a High Court for at least ten years • Or can be considered as a distinguished jurist by the President. A judge can only be removed through an impeachment process of Parliament. The Collegium system led by the CJI, convey the names of proposed judges to the Union Minister of Law and Justice. And then Law Minister submits the name to the Prime Minister, who then advises the President to make such appointments, and then President of India appoints the Judges to the Supreme Court. I hope this answer helps.
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