In a landmark move towards enhancing institutional transparency, the Supreme Court of India has, for the first time, publicly detailed the meticulous, multi-tiered process followed in the appointment of Judges to the Supreme Court and High Courts. Published on its official website, this disclosure sheds light on the protocols, consultations, and standards that shape judicial appointments—an area often perceived as opaque.
I. Appointment of the Chief Justice of India
1. Initiation by Law Ministry:
At least a month before the current Chief Justice retires, the Union Law Minister formally seeks the outgoing CJI’s recommendation for a successor.
2. Seniority Principle:
Traditionally, the senior-most Judge of the Supreme Court is recommended—provided they are deemed fit and capable to shoulder the responsibility.
3. Consultation in Case of Doubt:
If concerns arise regarding the fitness of the senior-most Judge, the CJI consults other Supreme Court Judges, as envisaged under Article 124(2) of the Constitution.
4. Final Approval:
The recommended name is forwarded to the Prime Minister, who then advises the President of India to make the official appointment.
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II. Appointment of Supreme Court Judges
1. Supreme Court Collegium:
Comprising the Chief Justice and the four senior-most Judges, the Collegium selects names for elevation. If the incoming CJI is not part of the top four, they are included.
2. Eligible Candidates:
Selections may include Chief Justices or Judges of High Courts, distinguished jurists, or eminent lawyers.
3. Evaluation Criteria:
Factors include inter se seniority, the quality and volume of judgments, integrity, merit, and fair representation of different High Courts.
4. Consultations:
The Collegium seeks inputs from senior Supreme Court Judges familiar with the candidate’s work, especially if they hail from the same High Court.
5. Government Procedure:
Once approved, the Law Minister sends the recommendation to the Prime Minister, who then advises the President. A formal notification follows.
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III. Appointment of High Court Judges
Step 1: High Court Collegium’s Recommendation
The process begins with the High Court Collegium, comprising the Chief Justice and two senior-most Judges.
For Advocates: Key criteria include age (45–55), income tax history, minimum net professional income (Rs. 27 lakh/year for the last 5 years), pro bono work, and courtroom performance.
For Judicial Officers: Must be under 58.5 years at the time of vacancy; seniority, ACRs, and judgment quality are assessed.
Step 2: Consultations and Documentation
Candidates may be interviewed, and documents such as bio-data, tax certifications, judgments, and conflict-of-interest declarations are submitted.
Step 3: State Government’s Role
The Chief Justice forwards the proposal to the Chief Minister, who routes it to the Governor. Simultaneously, copies are sent to the Union Law Minister and the CJI.
Step 4: Supreme Court Collegium’s Scrutiny
The Supreme Court Collegium reviews each candidate’s credentials afresh, considers complaints (if any), and ensures an independent evaluation.
Step 5: Decision by Union Government
The government may return a name once, citing reasons like national security or public interest. However, if the Collegium reiterates its choice, the appointment becomes binding.
Step 6: Final Appointment
Upon presidential approval, the Department of Justice issues a gazette notification. The appointee must then submit a medical certificate and proof of age before taking office.
AdvoTalks : Justice Gets Easy - YouTube
AdvoTalks : Justice Gets Easy - YouTube
