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Appointment of SC judges

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Appointment of SC judges

  • Nine judges, including three women judges, were appointed to the Supreme Court.
  • With this appointment, the total strength of SC judges reached to 33.
  • The judges of the Supreme Court and High Court are appointed by the President on the recommendation of the Collegium.

Appointment of judges:

Constitutional Provisions:

  • According to clause (2) of Article 124, the President should appoint Supreme Court judges 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 for the purpose. And he will hold office until he attains the age of sixty five years
  • The Chief Justice of India is to be consulted in all appointments barring his/her own appointment.
  • For the appointment of High Court judges, the President should consult the CJI, Governor, and Chief Justice of the High Court concerned, according to Article 217.

Collegium System:

  • The Chief Justice of India should consult a collegium of four senior-most judges of the Supreme Court for appointment of judges to the Supreme Court.
  • In case of appointment of a high court judge, the Chief Justice of India should consult the collegium of two senior-most judges of the Supreme Court.
  • For the transfer of high court judges, the Chief Justice of India should consult a collegium of four senior-most judges of the Supreme Court.

Evolution of the System:

First Judges Case, 1981:

  • The Supreme Court ruled that the recommendation made by the CJI to the President can be refused for “cogent reasons”, thereby giving greater say to the executive.

Second Judges Case, 1993:

  • It is also known as Supreme Court Advocates-on Record Association vs Union of India. It led to the creation of the collegium system.
  • The Supreme Court said that the Chief Justice of India should be given the “primal” role in appointments.

Third Judges Case, 1998:

  • SC on President’s reference expanded the Collegium to a five-member body, comprising the CJI and the four senior most puisne Judges of the Supreme Court.

Strength of SC judges:

  • Currently, the Supreme Court has 34 judges including the CJI.
  • Initially, it was 8 judges including the CJI. but gradually it was increased from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and 34 in 2019.
  • Parliament has the power to increase the number of judges by amending the Supreme Court (Number of Judges) Act.

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