Qualification for Supreme Court Judge
Under Article 124(2), the President is bound to consult the Chief Justice of India in the appointment of other judges of the Supreme Court. However, he is not bound to consult anyone in the appointment of the Chief Justice of India. Article 124(3) of the Constitution deals with the qualifications of Supreme Court judges.
- He should be a citizen of India.
- He should have LLB/ LLM degree.
- He must have been a High Court Judge for at least 5 years or he must have been a High Court Advocate for 10 years.
- Apart from these, a person is also eligible if he is an extraordinary jurist according to the President.
Procedure for appointment of judges in the Supreme Court
Whenever there is a vacancy of a judge in the Supreme Court, the collegium headed by the Chief Justice recommends the name of a judge to fill that post. This recommendation is sent to the Union Minister for Law, Justice and Company Affairs.
1. For the appointment of a judge of the Supreme Court, the opinion of the Chief Justice of the country should be taken in consultation with the collegium of the four senior most judges of the Supreme Court. If the next CJI of the country is not one of the four senior-most deputy judges, he will be made part of the collegium as he should also have a say in the selection of judges who will serve as the country’s CJI during his tenure.
2. The Chief Justice of India will seek the opinion of the senior most judge of the Supreme Court, who comes from the High Court from where the recommended person comes. If that judge has no knowledge of the merits and demerits of that person, then the next senior most Supreme Court judge has to be consulted.
3. After the final recommendation of the Collegium is received from the Chief Justice of India, the Union Minister for Law, Justice and Company Affairs places its recommendations with the Prime Minister. The PM advises the President in this matter.
4. As soon as the appointment is approved, the Secretary to the Government of India in the Department of Justice informs the Chief Justice of India. After this, a certificate of physical fitness signed by the civil surgeon or district medical officer has to be obtained from the selected person. A medical certificate is to be obtained from all persons selected for appointment whether they are in the service of the State at the time of appointment or not. Certificate should be attached in the form (Annex).
5. After approval from the Center, the letter of appointment of judges is issued by the President.
6. As soon as the warrant of appointment is signed by the President, the Secretary to the Government of India in the Department of Justice announces the appointment. Thereafter necessary notification is issued in the Gazette of India.