How Are Indian Supreme Court Judges Appointed ?

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 There is a widespread controversy in India regarding the appointment of Judges especially in the Supreme Court the Highest Judicial Body in India. But this Blog will take you to the detailed process of how it is done, what role does the Collegium play, what role does the Executive play in appointment of the Judges.

Supreme Court: Image is for representative purpose only

First of all let's talk about the basic eligibility to be appointed as a Judge in the Supreme Court.

1-The person must be an Indian Citizen.

2-He/she must have been worked as a Judge in any respective High Court in India for a period of 5 years or must have been worked as a Lawyer in any respective High Court for not less than 10 years.

3-In the views of the President of India, he/she must be a distinguished Jurist.

Hammer: Image is for representative purpose only 

The procedure to appoint Judges in Supreme Court of India is mentioned under Clause 2 of Article 124 of the Indian Constitution.

Now, today the maximum seat of Judges in the Supreme Court is 34 including the Chief Justice of India(CJI). But whenever there is a vacant seat in the Supreme Court, the recommendation for the appointment of a Judge is sent to the Minister of Law and Justice.

After consultation from the Minister the CJI begins discussing the appointment with the collegium members or 4 senior most judges of the Supreme Court. In case the Judge being appointed is from a High Court then the collegium member who may have worked in that  High Court is also consulted by the Supreme Court's Collegium.

The opinion of each member of the Collegium is written and made part of the official record. The Law Minister presents the final recommendation of the CJI to the Prime Minister who then advises the President regarding the appointment of the Judge.

Once the appointment is approved, the Secretary in the Ministry of Law and Justice informs the CJI and asks him to issue a medical certificate from the Judge which must be signed by a Government Surgeon or a District Medical Officer.

Finally the appointment is officially announced by the Secretary once the warrent is signed by the President. A notification is also issued in the Gazette of India.

Gazzete of India: Image is for representative purpose only 

Source:The Hindu
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