In India, judges are appointed to the higher judiciary, including the Supreme Court and the High Courts, through a process that involves several stakeholders.
The process of appointment of judges to the Supreme Court and High Courts is governed by the Constitution of India and the Memorandum of Procedure (MoP). The MoP is a document that lays out the process for the appointment of judges, including the criteria for eligibility and the procedure for selection.
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The appointment process involves the following steps:
- Recommendation: The Chief Justice of India (CJI) or the Chief Justice of the High Court, as the case may be, recommends the names of candidates for appointment to the President of India.
- Consultation: The President of India consults the CJI, other judges of the Supreme Court, and the Chief Justice of the High Court concerned before appointing a judge.
- Collegium system: The collegium system, which is a group of senior judges of the Supreme Court, plays a crucial role in the appointment of judges. The collegium is responsible for making recommendations to the government on the appointment of judges.
- Clearance by the government: After receiving the collegium’s recommendation, the government examines the candidate’s suitability and conducts a background check.
- Appointment: Once the government clears the candidate, the President appoints the judge.
It’s worth noting that the appointment of judges has been a contentious issue in India, with debates centring on the role of the collegium, the transparency of the process, and the need for a more diverse and representative judiciary.
