• Bombay High Court Chief Justice Dipankar Datta was administered the oath of office as a Supreme Court judge by Chief Justice of India (CJI) D.Y. Chandrachud on December 12.

• Justice Datta, son of the late Salil Kumar Datta, a former judge of the Calcutta High Court, took oath in courtroom 1 of the Supreme Court.

• With the swearing-in of Justice Datta, the total number of judges in the Supreme Court has reached 28 against the sanctioned strength of 34, including the CJI.

• The Department of Justice under the Union law ministry issued a notification announcing his appointment on December 11.

• Born on February 9, 1965, Justice Datta turned 57 this year and will have a tenure till February 8, 2030. The retirement age in the apex court is 65.

• Justice Datta was elevated to the bench of the Calcutta High Court as a permanent judge on June 22, 2006. He was elevated as the Chief Justice of the Bombay High Court on April 28, 2020.

What is the collegium system?

• The collegium system is a forum including the Chief Justice of India and four senior-most judges of the SC, which recommends appointments and transfers of judges. 

• 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.

Appointment of SC judges

• The CJI and judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.

• Whenever a vacancy is expected to arise in the office of a judge of the Supreme Court, the CJI will initiate a proposal and forward his recommendation to the law minister to fill up the vacancy.

• The opinion of the CJI for appointment of a judge of the Supreme Court should be formed in consultation with a collegium of the four senior-most judges of the apex court.

• The opinion of members of the collegium in respect of each of the recommendations as well as the senior-most judge in the Supreme Court from the High Court from which a prospective candidate comes, would be made in writing. The CJI must transmit his opinion as also the opinion of all concerned to the government of India as part of record.

• After receipt of the final recommendation of the CJI, the law minister will put up the recommendations to the Prime Minister, who will advise the President in the matter of appointment.

Appointment of HC judges

• The High Court stands at the head of a state’s judicial administration.

• Article 214 of the Indian Constitution provides for a High Court for each state. The Seventh Constitutional Amendment Act of 1956 authorised the Parliament under Article 231 to establish a common High Court for two or more states and a Union Territory. 

• Articles 214 to 231 of the Constitution deals with the organisation, independence, jurisdiction, powers, procedures and other issues related to the High Courts.

• The Chief Justice and judges of the High Courts are appointed by the President under Article 217(1) of the Constitution.

• To be eligible for appointment as a HC judge one must be a citizen of India, have held a judicial office in India for ten years or must have practised as an advocate of a High Court or two or more such courts in succession for a similar period.

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