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News Analysis

Indian Polity

Full Strength of SC Judges

  • 23 May 2019
  • 3 min read

The government has cleared the names of four judges for their elevation to the Supreme Court. The SC will now have its full sanctioned strength of 31 judges (including the chief justice).

  • The four names cleared by the government are Justices Aniruddha Bose, A S Bopanna, B R Gavai and Surya Kant.
  • Article 124 of the constitution empowers the president to appoint Judges of SC.
  • The collegium recommends the name of judges to government.
  • The strength of SC judges is increased by an act of parliament. Last time in 2009, the number of judges was increased from 25 to 31 (including Chief Justice).

Article 124

  • Establishment and constitution of Supreme Court
    • There shall be a Supreme Court of India constituting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges
    • 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 the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years: Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted:
      • a Judge may, by writing under his hand addressed to the President, resign his office.
      • a Judge may be removed from his office in the manner provided in clause.

Collegiums system in India

  • It is the system by which the judges are appointed by the judges. 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.
  • The Supreme Court Collegium is headed by the Chief Justice of India 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. Names recommended for appointment by a High Court collegium reaches the government only after approval by the CJI and the Supreme Court collegium.
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