Five new Supreme Court judges, Justices Pankaj Mithal, Sanjay Karol, PV Sanjay Kumar, Ahsanuddin Amanullah and Manoj Misra, were administered the oath of office by CJI DY Chandrachud on Monday. The swearing-in ceremony was held in the Supreme Court premises. This comes amid a tiff between the government and the judiciary over the process of appointing judges to the Supreme Court and the 25 high courts. The apex court and the government have openly expressed their differences over the Collegium system of appointment of judges in the higher judiciary.
With the appointment of the five judges, the total number of judges in the apex court has risen to 32, two short of the full strength. Their names were recommended for elevation as apex court judges by the Supreme Court Collegium on December 13, 2022.
Let’s take a look at how SC judges are appointed
- In case of a vacancy in the office of a judge of the Supreme Court, the Chief Justice of India initiates a proposal and forward his recommendation to the Law Minister to fill up the vacancy
- The CJI’s proposal should be formed in consultation with a collegium of the four senior-most puisne SC judges
- The Chief Justice of India would ascertain the views of the senior most judge in the Supreme Court, who hails from the High Court from where the person recommended comes
- According to the Department of Justice, “The requirement of consultation with a Judge of the Supreme Court would not be confined to that Judge only who has that High Court as a parent High Court and, therefore, would not exclude Judges who have, on transfer, occupied the office of a Judge or Chief Justice of that High Court.”
- The opinion of members of the collegium in respect of each of the recommendations as well as the senior most Judge in the Supreme Court from the High Court, from which a prospective candidate comes, would be made in writing and the CJI will transmit the opinions to the Centre
- Upon receiving the CJI’s final recommendation, the Law Minister will put up the recommendations to the PM who will advise the President in the matter of appointment
- As soon as the warrant of appointment is signed by the President, the Secretary to the Government of India in the DoJ will announce the appointment
