JUDICIAL APPOINTMENTS

Appointment Procedure:

• Article 124(3) of the constitution mentions the following people as eligible to become a Supreme Court (SC) Judge:
  • A High Court (HC) judge who has held that post for 5 years or more.
    
    
  • An advocate who has practiced in the HC/SC for 10 years or more.
    
    
  • A distinguished Jurist (no judge appointed on this basis till date).
    
    
  
  
  
• Article 124(2) says that the President of India Shall appoint the judges after consultation with such number of Judges of the SC/HC as he deems necessary. For appointment of any Judge of SC (other than CJI), the CJI must be consulted.
  
  
• The three Judges case of 1981, 1993 & 1998 has formalised the collegium system for the purpose of consultation.
  • The collegium for appointing SC judge consists of the CJI and 4 senior-most judges of SC.
    
    
  • Memorandum of Procedure (MoP) was set up after the Third Judge Case of 1998 to provide the process of how the Collegium would recommend names to the Executive.
    
    
  
  
  
• The President of India can either accept the recommendation or send it back for reconsideration. The reconsidered advice must be accepted by the President.