Constitutional provisions regarding the appointment of …

According to the Constitution of India, the following are the rules for appointment of the Supreme court Judge.

• Every Judge of the Supreme Court shall be appointed by the President by warrant under his/her hand and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as President may deem necessary for the purpose and shall hold office until he attains the age of 65 years.
• Supreme Court held that the consultation with Chief Justice is not binding on the President. But the Court held that consultation should be effective.
• In Supreme Court Advocates-on-Record Association vs Union of India 1993, the Court states that the view of the CJI is binding on the President, the Court also held that while advising the President CJI is expected to consult two of the senior-most Judges.
  • CJI is the sole authority to initiate the process of appointment of Judges of the Supreme Court. In case of conflict of opinion between CJI and President, the view expressed by CJI will have a primary.
• In July 1998, the President sought the court’s opinion on core issues relating to the appointment of Apex Court Judges and transfer of High Court Judges.
• The 11th Presidential Reference sought clarification on certain doubts over the consultation process to be adopted by the Chief Justice of India as stipulated in the 1993 case relating to judges appointment and transfer opinion.
• The crux is as follows:
  • In judicial appointments, it is obligatory for the President to take into account the opinion of the CJI.
  • The opinion of the CJI is binding on the Government. The opinion of the CJI must be formed after due consultation with a collegium of at least four senior-most judges of the Supreme Court.
  • Even if two judges give an adverse opinion, then he should not send the recommendation to the Government.