Question
Download Solution PDFConsider the following statements regarding the appointment process of Supreme Court judges in India:
1. Whenever a vacancy arises in the Supreme Court, the Chief Justice of India (CJI) initiates the proposal and forwards the recommendation to the Union Minister of Law and Justice.
2. The opinion of the CJI for is formed in consultation with a collegium, and after the final recommendation, the Union Minister of Law and Justice forwards it to the Prime Minister, who advises the President.
3. Once the President signs the warrant of appointment, the Secretary, Department of Justice, announces it and issues the notification in the Gazette of India.
Which of the statements given above is/are correct?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is option 4.
In News
- On March 11, 2024, the Centre notified the appointment of Justice Joymalya Bagchi of the Calcutta High Court as a judge of the Supreme Court. His elevation was recommended by the Supreme Court Collegium on March 6, 2024.
Key Points
- The Chief Justice of India initiates the appointment process and forwards the recommendation to the Union Minister of Law, Justice and Company Affairs.
- Hence, Statement 1 is correct.
- The CJI consults a collegium before finalizing the recommendation. The Union Minister of Law, Justice and Company Affairs then forwards it to the Prime Minister, who advises the President.
- Hence, Statement 2 is correct.
- After the President signs the appointment order, the Secretary, Department of Justice, announces it and issues the notification in the Gazette of India.
- Hence, Statement 3 is correct.
- The appointment process follows the established Memorandum of Procedure (MoP) for Supreme Court judges.
Additional Information
- The Supreme Court Collegium consists of the CJI and four senior-most judges.
- The President appoints Supreme Court judges based on the collegium's recommendation.
- Once appointed, a judge must provide a medical fitness certificate before assuming office.