How are judges appointed in Supreme Court?
Q. Which of the following are true?
1) The president appoints the chief justice of India on consultation with judges of the Supreme Court and High Courts.
2) Prior consent of President is not needed to appoint a retired judge as judge of Supreme Court.
3) The High Court judge who is to be appointed Ad hoc Judge should be qualified for appointment as a judge of the Supreme Court.- Published on 03 Mar 17a. 1, 2
b. 1, 3
c. 2, 3
d. All of the above
ANSWER: 1, 3
Appointment of Judges -
- President appoints the judges of the Supreme Court.
- The president on consultation with such judges of the Supreme Court and high courts as he deems necessary, appoints the chief justice of India.
- The president appoints other judges, on consultation with the Chief Justice and such other judges of the Supreme Court and the High Courts as he deems necessary.
- It is mandatory to consult the chief justice in appointing a judge other than Chief justice.
Acting Chief Justice -
A judge of the Supreme Court can be appointed as an acting Chief Justice of India by the President, when -
(a) the Chief Justice of India is unable to perform the duties of his office; or
(b) the Chief Justice of India is temporarily absent; or
(c) the office of Chief Justice of India is vacant.
Ad hoc Judge -
- The Chief Justice of India can appoint a judge of a High Court as an Ad hoc Judge of the Supreme Court for a temporary period.
- This is generally done when there is a lack of quorum of the permanent judges to hold or continue any session of the Supreme Court.
- The CJI can appoint the high court judge only after consulting the Chief Justice of the concerned High Court and with the prior consent of the president.
- The judge who is to be appointed should be qualified for appointment as a judge of the Supreme Court.
- It will be his duty to attend the sittings of the Supreme Court, and giving priority to it over his other duties of his office.
- While attending the sittings, he enjoys all the jurisdiction, powers and privileges (and discharges the duties) of a judge of the Supreme Court.
Retired Judges -
- With the prior consent of the President of India, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period.
- He also needs consent of the person to be so appointed.
- The President determines the allowances of such a judge.
- He will enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court, but will not otherwise be considered to be a judge of the Supreme Court.
