Understanding the Appointment of Supreme Court Judges

The appointment of Judges to the Supreme Court of India is a significant constitutional process involving several key authorities. The question asks who appoints every Judge of the Supreme Court of India.

According to the Constitution of India, the power to appoint the Judges of the Supreme Court rests with the President of India. This is a formal and crucial function performed by the Head of the State.

The Role of the President in Supreme Court Judge Appointment

Article 124(2) of the Constitution of India states that every Judge of the Supreme Court shall be appointed by the President of India. However, this appointment is made after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.

Over time, the process of consultation has evolved, leading to the development of the Collegium system. While the Collegium, comprising senior Supreme Court Judges, recommends names for appointment, the formal appointment letter is issued by the President of India. The President acts on the advice of the Council of Ministers (Cabinet), but the selection process is heavily influenced by the Collegium recommendations based on judicial pronouncements.

Analyzing the Options

• The Supreme Court Collegium: The Collegium plays a crucial role in recommending candidates for appointment and transfer of Judges. However, the Collegium itself does not formally appoint the Judges. Its role is consultative and recommendatory in practice.
• The Cabinet: The Cabinet, headed by the Prime Minister, advises the President. While the President acts on the aid and advice of the Council of Ministers, the final decision on judicial appointments, especially concerning the selection of candidates, largely follows the recommendations of the Supreme Court Collegium, as interpreted by various judicial decisions. However, the formal appointment is not done by the Cabinet directly.
• The President of India: The Constitution explicitly vests the power of appointing Supreme Court Judges in the President of India. This is the correct constitutional position.
• The Lok Sabha: The Lok Sabha (House of the People) is one of the two houses of Parliament. While Parliament has powers related to the judiciary, such as impeachment of Judges, it does not appoint Supreme Court Judges.

Therefore, the authority constitutionally responsible for appointing every Judge of the Supreme Court of India is the President of India.

Revision Table: Key Roles in Supreme Court Appointments

Additional Information on Supreme Court Appointments

The process of appointing Supreme Court Judges has been a subject of discussion and judicial interpretation over the years. The Collegium system evolved through judgments of the Supreme Court, defining the scope of the "consultation" mentioned in Article 124. This system aims to ensure the independence of the judiciary in the appointment process.

To be appointed as a Judge of the Supreme Court, a person must be a citizen of India and meet certain qualifications, such as having been a Judge of a High Court for at least five years, or an advocate of a High Court for at least ten years, or be a distinguished jurist in the opinion of the President.

The Chief Justice of India is also appointed by the President, typically based on seniority among the Supreme Court Judges.