Supreme Court Composition
- The Supreme Court currently consists of 34 judges (one Chief Justice and 33 other judges).
- Initially, the court had eight judges (one Chief Justice and seven others).
- The Parliament has progressively increased the number of judges over the years to its current strength.
Appointment of Judges
- President's Role: Judges of the Supreme Court are appointed by the president.
- Chief Justice: The president appoints the Chief Justice after consulting with necessary judges of the Supreme Court and high courts.
- Other Judges: Other judges are appointed by the president after consultation with the Chief Justice and necessary judges.
- Obligatory Consultation: Consultation with the Chief Justice is obligatory when appointing judges other than the Chief Justice.
National Judicial Appointments Commission (NJAC)
- In 2014, the 99th Constitutional Amendment Act and the National Judicial Appointments Commission Act introduced the NJAC to replace the collegium system for appointing judges.
- In 2015, the Supreme Court declared the 99th Amendment and the NJAC Act unconstitutional, reinstating the collegium system.
Appointment of the Chief Justice of India
- From 1950 to 1973, the practice was to appoint the senior-most judge of the Supreme Court as the Chief Justice of India.
- This practice was violated in 1973 and 1977 when judges were superseded.
- In the Second Judges Case (1993), the Supreme Court ruled that only the senior-most judge should be appointed as the Chief Justice of India, thereby curtailing government discretion in the matter.
69th BPSC
Q. Consider the following statements about the collegium system :
1. The Supreme Court collegium is a five-member body, which is headed by the incumbent Chief Justice of India (CJI) and comprises four other seniormost Judges of the Court at that time.
2. The Parliament by law has evolved the collegium system.
3. The Judges of the Supreme Court and High Courts are appointed only through the collegium system.
4. The collegium system was introduced in the year 1993 by Justice P. N. Bhagwati in the landmark First Judges Case.
Which of the above statements is/are correct?
A. Only 1
B. 1 and 2
C. 3 and 4
D. 1 and 3
44th BPSC
Q. The power to increase the number of Judges in the Supreme Court of India is vested in –
A. The Parliament
B. The Chief Justice of India
C. The Law Commission
D. None of the above
63rd BPSC
Q. Who appoints the Judges of the Supreme Court of India?
A. The Prime Minister
B. The President
C. The Chief Justice of India
D. None of the above
