MEMORANDUM SHOWING THE PROCEDURE FOR APPOINTMENT OF THE CHIEF JUSTICE OF INDIA AND JUDGES OF THE SUPREME COURT

OF INDIA

The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 12 Constitution! of the

CHIEF JUSTICE OF INDIA :

2! Appointment to the office of the Chief Justice of India should be

of the seniormost Judge of the Supreme Court considered fit to hold the office! The "nion #inister of $a%& Justice and Company Affairs %ould& at the appropriate time& see' the recommendation of the outgoing Chief Justice of India for the appointment of the ne(t Chief Justice of India! 2!1 )hene*er there is any doubt about the fitness of the seniormost

Judge to hold the office of the Chief Justice of India& consultation %ith other Judges as en*isaged in Article 12 (2) of the Constitution %ould be made for appointment of the ne(t Chief Justice of India! 2!2 After receipt of the recommendation of the Chief Justice of India&

the "nion #inister of $a%& Justice and Company Affairs %ill put up the recommendation to the Prime #inister %ho %ill ad*ise the President in the matter of appointment!

JUDGES OF THE SUPREME COURT :

+! )hene*er a *acancy is e(pected to arise in the office of a Judge

of the Supreme Court& the Chief Justice of India %ill initiate proposal and for%ard his recommendation to the "nion #inister of $a%& Justice and Company Affairs to fill up the *acancy!

2/-

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The opinion of the Chief Justice of India for appointment of a

Judge of the Supreme Court should be formed in consultation %ith a collegium of the four seniormost puisne Judges of the Supreme Court! If the successor Chief Justice of India is not one of the four seniormost puisne Judges& he %ould be made part of the collegium as he should ha*e a hand in selection of Judges %ho %ill function during his term as Chief Justice of India! +!2 The Chief Justice of India %ould ascertain the *ie%s of the

seniormost Judge in the Supreme Court& %ho hails from the ,igh Court from %here the person recommended comes& but if he does not ha*e any 'no%ledge of his merits and demerits& the ne(t seniormost Judge in the Supreme Court from that ,igh Court should be consulted! +!+ The re-uirement of consultation %ith a Judge of the Supreme

Court %ould not be confined to that Judge only %ho has that ,igh Court as a parent ,igh Court and& therefore& %ould not e(clude Judges %ho ha*e& on transfer& occupied the office of a Judge or Chief Justice of that ,igh Court! +! The opinion of members of the collegium in respect of each of the

recommendations as %ell as the seniormost Judge in the Supreme Court from the ,igh Court& from %hich a prospecti*e candidate comes& %ould be made in %riting and the Chief Justice of India& in all cases& must transmit his opinion as also the opinion of all concerned to the .o*ernment of India as part of record! If the Chief Justice of India or the other members of the Collegium elicit *ie%s& particularly those from the non/Judges& the consultation need not be in %riting but he& %ho elicits the opinion& should ma'e a memorandum thereof and its substance in general terms %hich should be con*eyed to the .o*ernment of India! 3/-

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After receipt of the final recommendation of the Chief Justice of

India& the "nion #inister of $a%& Justice and Company Affairs %ill put up the recommendations to the Prime #inister %ho %ill ad*ise the President in the matter of appointment! ! As soon as the appointment is appro*ed& the Secretary to the

.o*ernment of India in the 1epartment of Justice %ill inform the Chief Justice of India and obtain from the person selected a certificate of physical fitness signed by a Ci*il Surgeon or a 1istrict #edical 2fficer! The #edical Certificate is to be obtained from all persons selected for appointment %hether they are at the time of appointment in the ser*ice of the State or not! The certificate should be in the form anne(ed! 0! As soon as the %arrant of appointment is signed by the President&

the Secretary to the .o*ernment of India in the 1epartment of Justice %ill announce the appointment and issue the necessary notification in the .a3ette of India!

APPOINTMENT OF ACTING CHIEF JUSTICE :

4! Appointment of acting Chief Justice is to be made by the

President under Article 124 of the Constitution! 5acancy in the office of the Chief Justice must be filled %hate*er the period of *acancy! In such an e*entuality& the seniormost a*ailable Judge of the Supreme Court %ill be appointed to perform the duties of the office of the Chief Justice of India! As soon as the President has appro*ed the appointment& the Secretary to the .o*ernment of India in the 1epartment of Justice %ill inform the Chief Justice of India or in his absence the Judge concerned of the Supreme Court& and %ill announce the appointment and issue the necessary notification in the .a3ette of India!

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APPOINTMENT OF AD HOC JUDGES :

6! Article 126 of the Constitution pro*ides that if at any time there

should not a -uorum of Judges of the Supreme Court a*ailable to hold or continue any session of the Court the Chief Justice of India may& %ith the pre*ious consent of the President and after consultation %ith the Chief Justice of the ,igh Court concerned re-uest& in %riting& a Judge of a ,igh Court duly -ualified for appointment as a Judge of the Supreme Court to attend& for such period as may be necessary& the sittings of the Supreme Court ! )hene*er the necessity for such an appointment arises& the Chief Justice of India %ill consult the Chief Justice of the ,igh Court concerned %hether a Judge is a*ailable to attend the sittings of the Supreme Court! The Chief Justice of the ,igh Court %ill communicate his consent to the release of a particular Judge after consulting the Chief #inister of the State in %hich the ,igh Court is situated! The Chief Justice of India %ill then communicate to the "nion #inister of $a%& Justice and Company Affairs the name of the Judge and the period for %hich he %ill be re-uired to attend the sittings of the Supreme Court& certifying that the release of the Judge has been agreed to by the Chief Justice of the ,igh Court concerned and the Chief #inister of the State! The "nion #inister of $a%& Justice and Company Affairs %ill put up the recommendation to the Prime #inister& %ho %ill ad*ise the President as to the person to be appointed to attend the sittings of the Supreme Court! As soon as the President gi*es his consent to the appointment& the Secretary to the .o*ernment of India in the 1epartment of Justice %ill (i) inform the Chief Justice of India& %ho %ill formally re-uest the Judge concerned& in %riting& to attend the sittings of the Supreme Court as an ad hoc Judge and (ii) announce the appointment and issue the necessary notification in the .a3ette of India!

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ATTENDANCE OF RETIRED JUDGES AT SITTINGS OF THE SUPREME COURT:

7! "nder Article 127 of the Constitution& the Chief Justice of India

may& at any time& %ith the pre*ious consent of the President& re-uest any person %ho has held the office of a Judge of the Supreme Court to sit and act as a Judge of the Supreme Court! )hene*er& the necessity for such an appointment arises& the Chief Justice of India %ill informally sound the retired Judge& %hom he proposes to recommend& as to the latter8s %illingness to ser*e and %ill there upon communicate to the "nion #inister of $a%& Justice and Company Affairs the name of the Judge and the period for %hich he %ill be re-uired to sit and act as a Judge of the Supreme Court! If the "nion #inister of $a%& Justice and Company Affairs considers it desirable to bring any point to the notice of the Chief Justice of India or to suggest some other name& he may by personal correspondence con*ey his suggestions to the Chief Justice of India! 2n obtaining the *ie%s of the Chief Justice of India finally the "nion #inister of $a%& Justice and Company Affairs %ill put up the proposal to the Prime #inister %ho %ill ad*ise the President as to the person to be appointed to sit and act as a Judge of the Supreme Court! As soon as the President gi*es his consent to the appointment& the Secretary to the .o*ernment of India in the 1epartment of Justice %ill inform the Chief Justice of India and %ill announce and issue the necessary notification in the .a3ette of India! ..

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=2<# 2= #:1ICA$ C:<TI=ICAT: (Please see paragraph )

I Shri

hereby

certify

that

ha*e and

e(amined can not

Justice>>>>>>>>>>>>>>>>>>>

disco*er that he has any disease (communicable or other%ise)& constitutional %ea'ness or bodily infirmity& %hich %ould dis-ualify? him for employment as Judge of the Supreme Court e(cept >>>>>>> >>>>>>>>>>>>>>>>>>>>>>>>>>>!I do not

consider this a dis-ualification? for employment as Judge of the Supreme Court!

SI.9AT"<:@ 1:SI.9ATI29@

1ated>>>>>>>>! Signature of Candidate >>>>>>>>>

? 9ote@

This certificate should ta'e into account the fact that a Supreme Court Judge retires at the age of 40 years!