Topic: Structure, organization and functioning of the Judiciary.
3) Discuss in detail the appointment procedure of Judges as enshrined in the Indian constitution.(250 words)
Why this question:
Pushing for a ‘full court’, the Supreme Court Collegium, led by Chief Justice of India Ranjan Gogoi, recommended the names of two judges to the court and rejected the government’s disapproval of the elevation of two others yesterday. Thus, it is important for us to ponder upon the appointment procedure of the judges.
Key demand of the question:
The question expects
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Briefly state the importance of the appointment of Judges.
- Discussion should include the complete procedure of appointment as per the constitution.
- 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.
- 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 formalized 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.
Conclude with a reassertion that appointment of Judges is a significant procedure in the Judicial system of the country.