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How are the Judges of the High Court appointed?
Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State. In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
How are the Judges of Supreme Court and High Court appointed What does this indicate?
The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. 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.
What is the procedure prescribed in the Constitution of India for the appointment of a Judge of the Supreme Court discuss with the help of case laws?
Procedure after the 99th amendment of the Constitution After this amendment, under article 124(2), every judge of the Supreme Court shall be appointed by the president by warrant under his hand and seal on the recommendation of the National Judicial Appointment Commission referred to in article 124 A.
How High Court judges are appointed Quora?
The President, in conjunction with the Chief Justice of India (CJI), the Governor of the State, appoints the Judge of a High Court, according to Article 217 of the Constitution. When a judge other than the Chief Justice is appointed, the Chief Justice of the High Court is contacted.
How high court judges are selected in India?
Appointment of the Judges: The Chief Justice of a High Court is appointed by the President with the consultation of the Chief Justice of the Supreme Court and the Governor of the State. The other judges are appointed by the will of President, Governor and the Chief Justice of High Court.
How do you become a Supreme Court Judge?
In order to be appointed as a Judge of the Supreme Court, a person must be a citizen of India and must have been, for atleast five years, a Judge of a High Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in succession for at least 10 years or he must be.
Who appointed Supreme Court justices?
the president
The Supreme Court consists of nine justices: the Chief Justice of the United States and eight Associate Justices. The justices are nominated by the president and confirmed with the “advice and consent” of the United States Senate per Article II of the United States Constitution.
Which article refers to amendment methods of the Indian Constitution?
Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.
How are the judges of the Supreme Court of India appointed?
The judges of the supreme court are appointed by the President in consultation with Chief Justice of India and such other judges of the supreme court and the high court. For this process, Collegium system is adopted which consists of one chief justice of India and four senior-most judges of the supreme court.
What is the significance of consultation in the Supreme Court?
The term “consultation” is of great significance here because in 1993, in the Second Judges case, the Supreme Court decided that the CJI must agree to all judicial appointments. This created the Collegium system, wherein the three senior-most Supreme Court judges decided on who would be a judge of the High Court or the Supreme Court.
Should CJI be entrusted with the primary role of appointing judges?
The majority verdict delivered by Justice J.S. Verma in the Supreme Court Advocates on Record Association Vs Union of India case on October 6, 1993, stated that the CJI should be entrusted with the primary role of appointments of judges.
Is the opinion of the Chief Justice of India binding on government?
In judicial appointments, it is obligatory for the President to take into account the opinion of the CJI. The opinion of the CJI is binding on the Government. The opinion of the CJI must be formed after due consultation with a collegium of at least four senior-most judges of the Supreme Court.