INTRODUCTION

The appointment of judges to the Supreme Court of India is regulated by provisions of the Constitution of India. Article 124 (2) provides that a person shall not be qualified for appointment as a judge of the Supreme Court unless he is a citizen of India and has been a judge of a High Court or of two or more such Courts in succession for at least five years, or has been an advocate of a High Court or of two or more such Courts in succession for at least ten years, or is, in the opinion of the President, a distinguished jurist.

PROCEDURE OF APPOINTMENT OF SUPREME COURT JUDGES

In India, the appointment of Judges to the higher judiciary, i.e., the Supreme Court, is a multi-stage process that involves the participation of both the executive and the judiciary.

  • Whenever a vacancy is expected to arise in the office of a Judge of the Supreme Court, the Chief Justice of India will initiate proposal and forward his recommendation to the Union Minister of Law, Justice and Company Affairs to fill up the vacancy.
  1. The opinion of the Chief Justice of India for appointment of a Judge of the Supreme Court should be formed in consultation with a collegium of the four seniormost puisne Judges of the Supreme Court. If the successor Chief Justice of India is not one of the four seniormost puisne Judges, he would be made part of the collegium as he should have a hand in selection of Judges who will function during his term as Chief Justice of India.
  2. The Chief Justice of India would ascertain the views of the seniormost Judge in the Supreme Court, who hails from the High Court from where the person recommended comes, but if he does not have any knowledge of his merits and demerits, the next seniormost Judge in the Supreme Court from that High Court should be consulted.
  3. The requirement of consultation with a Judge of the Supreme Court would not be confined to that Judge only who has that High Court as a parent High Court and, therefore, would not exclude Judges who have, on transfer, occupied the office of a Judge or Chief Justice of that High Court.
  4. The opinion of members of the collegium in respect of each of the recommendations as well as the seniormost Judge in the Supreme Court from the High Court, from which a prospective candidate comes, would be made in writing and the Chief Justice of India, in all cases, must transmit his opinion as also the opinion of all concerned to the Government of India as part of record. If the Chief Justice of India or the other members of the Collegium elicit views, particularly those from the non-Judges, the consultation need not be in writing but he, who elicits the opinion, should make a memorandum thereof and its substance in general terms which should be conveyed to the Government of India.
  5. After receipt of the final recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendations to the Prime Minister who will advise the President in the matter of appointment.
  • As soon as the appointment is approved, the Secretary to the Government of India in the Department of Justice will inform the Chief Justice of India and obtain from the person selected a certificate of physical fitness signed by a Civil Surgeon or a District Medical Officer. The Medical Certificate is to be obtained from all persons selected for appointment whether they are at the time of appointment in the service of the State or not. The certificate should be in the form annexed.
  • As soon as the warrant of appointment is signed by the President, the Secretary to the Government of India in the Department of Justice will announce the appointment and issue the necessary notification in the Gazette of India.

CRITERIAS FOR DISAPPROVING THE APPOINTMENT OF JUDGES WHICH ARE RECOMMENDED BY THE COLLEGIUM SYSTEM IN INDIA

In India, the collegium system, which consists of the Chief Justice of India (CJI) and a panel of four senior-most judges of the Supreme Court, is responsible for recommending the appointment of judges to the higher judiciary, i.e., the Supreme Court. The President of India then gives his assent to the appointment after satisfying himself that the person recommended is fit to be a judge.

However, the President may choose to disapprove the appointment if he believes that the person recommended is not fit to be a judge. There are no specific criteria specified in the Constitution of India for disapproving the appointment of a judge. However, the following factors may be considered by the President while making a decision on the appointment:

  1. Integrity and character: The President may consider the integrity and character of the person recommended for appointment as a judge. A person with a history of corruption, unethical behavior, or criminal activity may not be considered fit for appointment as a judge.
  1. Professional competence: The President may consider the professional competence of the person recommended for appointment. A person who lacks the necessary knowledge, skills, and experience to be a judge may not be considered fit for appointment.
  1. Health: The President may consider the health of the person recommended for appointment. A person who is suffering from a serious medical condition that affects his ability to perform the duties of a judge may not be considered fit for appointment.
  1. Suitability: The President may consider the overall suitability of the person recommended for appointment. A person who lacks the temperament, judgment, and impartiality required to be a judge may not be considered fit for appointment.

It’s worth noting that the decision of the President on the appointment of a judge is final, and it cannot be challenged in a court of law. However, the President is expected to act in accordance with the advice of the government, and the appointment is usually approved if the person recommended by the collegium system is considered fit to be a judge.

CONCLUSION

These provisions, along with the precedents established by the Supreme Court, provide the framework for the appointment of judges to the Supreme Court in India. The appointment process aims to ensure the independence and impartiality of the judiciary and to preserve the rule of law in the country.