Judicial Appointment

Article Title: Judicial Appointment

29-09-2023

Indian Polity Current Affairs Analysis

Supreme court Justice Kaul said , 70 HC collegium recommendations are pending for over 10 months andCentre continues to segregate names despite the collegium forbidding the practice as per Memorandum of procedure

Constitutional Provisions of Appointing SC/HC Judges: Article 124 & 224

Appointed by the President

Memorandum of Procedure:

Memorandum between government and the judiciary.

list of rules and procedures for the appointment of judges to the Supreme Court and the high courts

Framed Year: 1999

Framed after: three judges cases

SP Gupta v Union of India (1981)

Supreme Court Advocates-on-Record Association v Union of India (1993

In re Special Reference No. 1 of 1998.

Appointment Procedure:

Judges are recommended by: Collegium

Collegium:

CJI+4 senior Most Judges

Recommendation to Union Law and Justice Ministry

Ministry obtain the views of the concerned State Government

Law Ministry forwards the recommedation to Prime Minister

PrimeMinister advices President

After President approval , Department of Justice issues Gazette notification.