Why in the News?
The President has appointed Gurvinder Pal Singh as an Additional Judge of the Delhi High Court and appointed three High Court Chief Justices as Judges of the Supreme Court.
Procedure for Appointment of Judges
1. Appointment of High Court Judges
- Constitutional basis: Article 217.
- Appointing authority: President of India.
- The President appoints a High Court judge after consultation with:
- Chief Justice of India
- Governor of the concerned State
- Chief Justice of the concerned High Court for appointment of a judge other than the Chief Justice.
- In practice, appointments follow the Collegium system:
- CJI + two senior-most Supreme Court judges consider the proposal.
- Recommendation is sent to the Law Ministry.
- The proposal is processed by the Central Government.
- The President formally appoints the judge.
2. Appointment of Additional Judges
- Article 224 deals with Additional Judges of High Courts.
- They may be appointed when:
- There is a temporary increase in the business of the High Court, or
- There are arrears of work.
- An Additional Judge can be appointed for a period not exceeding two years.
- The appointment is formally made by the President.
3. Appointment of Supreme Court Judges
- Constitutional basis: Article 124.
- President formally appoints Supreme Court judges.
- Under the present Collegium system, the CJI and four senior-most Supreme Court judges recommend appointments.
- The recommendation goes through the Union Government, after which the President makes the formal appointment.
UPSC Prelims Trap
- Article 217 → High Court judges
- Article 224 → Additional/Acting Judges of High Courts
- Article 124 → Supreme Court judges
- President appoints formally, but the Collegium recommends under the present system.
- High Court Collegium: Chief Justice of the High Court + two senior-most judges.
- Supreme Court Collegium: CJI + four senior-most Supreme Court judges.
