Appointment of Judges*

Judges of the Supreme Court are appointed by the President after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary [Art. 124(2)] . The Chief Justice of India is invariably consulted in the case of appointment of a Judge of the Supreme Court other than the Chief Justice [Ibid., Proviso]. Though the number of Judges of the Supreme Court other than the Chief Justice has been limited under the Constitution to `not more than seven', power has been given to Parliament to prescribe a larger number. At present the number of Judges so prescribed is twenty-five ]Art. 124(1).-The Supreme Court (Number of Judges) Amendment Act, 1986] .

A Person to be eligible for appointment as a Judge of the Supreme Court or of a High Court must be a citizen of India. While appointing a Judge of the Supreme Court, the choice of the President is limited to Judges of High Courts who have held that office for at least five years, or advocates of a High Court with at least ten years' standing or who in the President's opinion are distinguished jurists [Art. 124(3)] .

Judges of a High Court are also appointed by the President after consultation with the Chief Justice of India, the Governor of the State concerned and the Chief Justice of that High Court [ Art. 217(1)] . No statutory limit is prescribed on the number of Judges in a High Court. For appointment as a Judge of a High Court, a person should either have held a judicial office in India for at least ten years of should have been an advocate of a High Court for at least the same period [ Art.217(2)] .

[ * Source: Page No. 940 to 941 of Practice and Procedure of Parliament. By Dr. Subhash C. Kashyap; Fourth Edition 1991. Published for Lok Sabha Secretariat ]