APPOINTMENT OF JUDGES TO THE SUPREME COURT OF INDIA

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

CONSTITUTION OF INDIA EXPLAINED

The Constitution of India forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

PART V: UNION JUDICIARY

Supreme Court      Article 124(1)

• Supreme Court of India consists of
  • Chief Justice of India
  • not more than 7 other judges
• Parliament may by law
  • prescribe a larger number of judges

Explanatory Notes from DLA

• The number of other judges was increased to
  • 10 in 1956, 25 in 1986, 30 in 2008

by amendments in the Supreme Court (Number of Judges) Act 1956

Supreme Court (Number of Judges) Act 1956:

• Maximum number of Judges of Supreme Court
  • excluding the Chief Justice of India
  • shall be thirty seven

Other information about the Supreme Court:

• The Supreme Court of India came into being on 28 January 1950
• It replaced both the Federal Court of India and the Judicial Committee of the Privy Council
• The first CJI of India was Shri H.J.Kania

APPOINTMENT OF JUDGES TO THE SUPREME COURT

Article 124(2)      Original provision:

• A judge of Supreme Court shall be appointed by President
  • after consultation with such SC judges and HC judges
  • as President deems necessary
• For appointment of a judge other than Chief Justice
  • Chief Justice of India shall always be consulted

Explanatory Notes from DLA

Judicial interpretation of article 124(2)

First Judges’ Case

• S.P. Gupta v. President of India
• 30 December, 1981

Second Judges’ Case

• Supreme Court Advocates-on-Record Association v. Union of India
• 6 October 1993

Third Judges’ Case

• Re Special Reference 1 of 1998

Appointment to the Supreme Court

• The opinion of the Chief Justice of India which has primacy in the matter of recommendations for appointment to the Supreme Court has to be formed in consultation with a collegium of Judges.
• Having regard to the terms of Article 124(2), we think it is desirable that the collegium should consist of the Chief Justice of India and the four seniormost puisne Judges of the Supreme Court.
• In making a decision as to whom that collegium should recommend, it takes into account the views that are elicited by the Chief Justice of India from the seniormost Judge of the Supreme Court who comes from the same High Court as the person proposed to be recommended.
• It also takes into account the views of other Judges of the Supreme Court or the Chief Justice or Judges of the High Courts or, indeed, members of the Bar who may also have been asked by the Chief Justice of India or on his behalf.
• It is, we think, reasonable to expect that the collegium would make its recommendations based on a consensus. Should that not happen, it must be remembered that no one can be appointed to the Supreme Court unless his appointment is in conformity with the opinion of the Chief Justice of India.
• If the majority of the collegium is against the appointment of a particular person, that person shall not be appointed. We have little doubt that if even two of the Judges forming the collegium express strong views for good reasons that are adverse to the appointment of a particular person, the Chief Justice of India would not press for such appointment.
• Where there is outstanding merit, the possessor thereof deserves to be appointed regardless of the fact that he may not stand high in the all-India seniority list or in his own High Court.

99th Constitutional Amendment, 2014

• Amended articles 124, 217 and 222
• Added articles 124A, 124B and 124C
• Provides for establishment of National Judicial Appointments Commissiofor appointment of Supreme Court and High Court judges and for transfer of High Court judges

Article 124A

• Article 124A (1) provided for the constitution and the composition of the National Judicial Appointments Commission (NJAC).
• It is composed of the following:
  • (a) Chief Justice of India, Chairperson, ex officio
  • (b) two other senior Judges of Supreme Court, next to the Chief Justice of India, Members, ex officio
  • (c) Union Minister in charge of Law and Justice, Member, ex officio
  • (d) two eminent persons, to be nominated, Members