President appoints Andhra HC Chief Justice, senior advocate as SC judges

• President Droupadi Murmu appointed Prashant Kumar Mishra, the Chief Justice of the Andhra Pradesh High Court, as a judge of the Supreme Court.

• The President also appointed senior advocate Kalpathy Venkataraman Viswanathan as a judge of the apex court.

• With the retirements of Justice Dinesh Maheshwari and Justice M.R.Shah, the current strength of judges in the Supreme Court had fallen to 32 as against the sanctioned strength of 34.

• The appointment of the two new judges has taken place within 48 hours of their recommendation by the Supreme Court Collegium. 

• Viswanathan, upon his appointment as a judge of the apex court, would serve till May 25, 2031. 

• Viswanathan could be the Chief Justice of India in 2030 following seven other judges in line after CJI D.Y. Chandrachud.

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.

• In order to be appointed as a judge of the Supreme Court, a person must be a citizen of India.

• He/she must have been, for at least 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, in the opinion of the President, a distinguished jurist.

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

• The Constitution seeks to ensure the independence of Supreme Court judges in various ways. 

• A judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in the same Session for such removal on the ground of proved misbehaviour or incapacity.

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