Explain the current procedure of appointment of judges in Higher Judiciary.

The judges of the Supreme Court and High Court in India are appointed by President as per article 124(2) and 217 of the constitution.

Supreme Court Judges – Article 124 (2)

• Appointed by the President of India
• Recommendations made by the collegium system consisting of the Chief Justice of India and four senior-most judges
• The collegium sends its recommendation to the Law Minister who forwards it to the Prime Minister to advice the President

High Court Judges – Article 217

• Appointed by the President of India
• Recommendations made by a collegium at the High Court level consisting of the Chief Justice and two senior-most judges
• The recommendation is sent to the Chief Justice of India and the collegium gives their advice to the Law Minister and President

Key Points:

• Collegium system evolved through court judgments starting with the Second Judges Case in 1993
• The senior-most judges of the Supreme Court recommend appointments and transfers of High Court judges
• The executive has a role in appointment but the collegium system has the final authority by way of judicial rulings
• The process lacks transparency and has been criticized by legal experts

The National Judicial Appointments Commission was created but struck down by the Supreme Court as unconstitutional in 2015, reviving the collegium system.

Topics: GS-II: Salient Features Significant Provisions of Constitution