Question

explain the process of appoinment of judge of supreme court and high court​

Answer 1

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• ᴛʜᴇ ᴊᴜᴅɢᴇs ᴏғ ᴛʜᴇsᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ ᴀɴᴅ ʜɪɢʜ ᴄᴏᴜʀᴛs ᴀʀᴇ ᴀᴘᴘᴏɪɴᴛᴇᴅʙʏ ᴛʜᴇ ᴘʀᴇsɪᴅᴇɴᴛ ᴏɴ ᴛʜᴇ ᴀᴅᴠɪᴄᴇ ᴏғ ᴛʜᴇ ᴘʀɪᴍᴇ ᴍɪɴɪsᴛᴇʀ ᴀɴᴅ ɪɴ ᴄᴏɴsᴜʟᴛᴀᴛɪᴏɴ ᴡɪᴛʜ ᴛʜᴇ ᴄʜɪᴇғ ᴊᴜsᴛɪᴄᴇ ᴏғ ᴛʜᴇ sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ.
• ᴛʜᴇ sᴇɴɪᴏʀᴍᴏsᴛᴊᴜᴅɢᴇ ᴏғ ᴛʜᴇ sᴜᴘʀᴇᴍᴇ ᴄᴏᴜʀᴛ ɪs ᴜsᴜᴀʟʟʏᴀᴘᴘᴏɪɴᴛᴇᴅ ʙʏ ᴛʜᴇ ᴄʜɪᴇғ ᴊᴜsᴛɪᴄᴇ.

Answer 2

SUPREME COURT:

For a person to become a judge of Supreme Court he must be a citizen of India, and

must have 5 years of experience as a judge in the High Court; It is not necessary here that this five year of experience must be in a ‘single’ High Court. It can be possible that a person has 2 years’ experience in some High Court and 3 years of experience in some other High Court; or

must have 10 years of experience as an advocate in High Court; or

is in the opinion of the president, a distinguished Jurist.

However, so far, not a single person has been appointed as a judge of the Supreme Court through the third condition. Most of the judges that have been appointed to the Supreme Court are on the basis of their “5 years experience as judges in the High Court”. And only eight persons have been able to be appointed as Supreme Court judge on the basis of their 10 years of experience as an advocate in the High Court. Out of those eight persons, Justice Indu Malhotra is the one who is currently a Supreme Court judge appointed on the basis of 10 years of experience as an advocate in the High Court. She is the only woman in this category.

Appointment of judges of Supreme Court

In order to understand the present ‘method’ use to appoint a person as a judge of the Supreme Court, we need to divide the period as follow

procedure of appointment of Supreme Court judge before 99th amendment; &

procedure of appointment of Supreme Court judge after 99th amendment

current procedure of appointment of Supreme Court judge

procedure of appointment of Supreme Court judge before 99th amendment; &

Before 99th amendment of constitution article 124 (2) which governs the appointment of Supreme Court judge states that “every judge of the Supreme Court shall be appointed by the president by warrant under his hand and seal after consultation with such of the judges of the Supreme Court and of High Court in the states as the President may deem necessary for the purpose”.

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