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Appointment of Judges

Diksha Sharma 5 MINUTES

Appointment of Judges

Collegium System

  • It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution. 
  • There is no mention of the Collegium either in the original Constitution of India or in successive amendments. 
  • The Supreme Court collegium is headed by the CJI and comprises four other senior most judges of the court. 
  • A High Court collegium is led by its Chief Justice and four other senior most judges of that court. 

Related Constitutional Provisions

  • Article 124(2) of the Indian Constitution provides that the Judges of the Supreme Court are appointed by the President after consultation with such a number of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose. 
  • Article 217 of the Indian Constitution states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.

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