News Excerpt:

Recently, The Supreme Court Collegium has recommended the elevation of three High Court (HC) Chief Justices to the Supreme Court .

• List of three judges:- Chief Justice of Delhi HC Satish Chandra Sharma; Chief Justice of Rajasthan HC Augustine George Masih; Chief Justice of Gauhati HC Sandeep Mehta.
• If these proposals are cleared, the Supreme Court will have the full strength of 34 judges.

Key points:

• The resolution was passed by the Collegium comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant.
• The top court is currently functioning with 31 judges “against a sanctioned strength of 34 judges”.
• According to the resolution, while recommending the three names for elevation, the Collegium took into consideration the seniority, merit, integrity and social background of the HC judges. Justices Sharma, Masih and Mehta were found “to be deserving and suitable in all respects”.

The Collegium system:

• The collegium system is the way by which judges of the Supreme Court and High Courts are appointed and transferred.   
• The collegium system is not rooted in the Constitution or a specific law promulgated by Parliament; it has evolved through judgments of the Supreme Court.
• The Supreme Court Collegium is a five-member body, which is headed by the incumbent CJI and comprises the four other senior most judges of the court at that time. 
• A High Court collegium is led by the incumbent Chief Justice and two other senior most judges of that court. By its very nature, the composition of the collegium keeps changing.
• Judges of the higher judiciary are appointed only through the collegium system, and the government has a role only after names have been decided by the collegium. 
• Names recommended for appointment by a High Court collegium reach the government only after approval by the CJI and the Supreme Court collegium.

Appointment of Judges:

• The appointment of justices to the Supreme Court is covered in Article 124. It states that the President shall appoint following consultation with judges of the Supreme Court and the High Court, as the President may think fit. 
• With the exception of their own appointment, the CJI must be consulted in all cases.
• Article 217 addresses the appointment of judges to the High Court. It states that the CJI and the state governor should be consulted before the President appoints a judge. 
• Consultation should also take place with the Chief Justice of the relevant High Court.