Supreme Court attains full strength of 34

• Chief Justice of India D.Y. Chandrachud administered the oath of office to two new judges of the Supreme Court, taking the number of judges in the apex court to its full sanctioned strength of 34.

• Justices Rajesh Bindal and Aravind Kumar were administered oath during a swearing-in ceremony held in the Supreme Court premises on February 13.

• Before being elevated as judges of the Supreme Court, Justice Bindal was the Chief Justice of the Allahabad High Court while Justice Kumar was the Chief Justice of the Gujarat High Court.

• Their names were recommended for elevation as apex court judges by the Supreme Court Collegium on January 31. 

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.

• Supreme Court judges retire upon attaining the age of 65 years. 

Eligibility criteria for SC judge

In order to be appointed as a Judge of the Supreme Court, a person must be:

a) A citizen of India

b) Must have been, for at least five years, a judge of a High Court or of two or more such courts in succession, or

c) An advocate of a High Court or of two or more such courts in succession for at least 10 years, or

d) He must be, in the opinion of the President, a distinguished jurist. 

Provisions exist for the appointment of a judge of a High Court as an ad-hoc judge of the Supreme Court.

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