Question

What is the mode of appointment of judges in the apex courts of India?

Answer 1

Judges of the Supreme Court are appointed by the President of India. The process is governed by Article 124(2) of the Constitution, which mandates that the President appoint judges after consulting with judges of the Supreme Court and the High Courts as deemed necessary. This system is known as the Collegium System, wherein the President acts on the advice of a group of senior judges led by the Chief Justice of India.

For appointing the Chief Justice of India, the tradition has been to elevate the senior-most judge of the Supreme Court. However, this convention was breached a few times in the 1970s, leading to criticism and eventual restoration of the seniority principle.