• In exercise of the powers conferred by Article 124(2) of the Constitution of India, President Droupadi Murmu appointed Delhi High Court’s Chief Justice Manmohan as a judge of the Supreme Court on December 3.

• Once he takes oath as judge of the Supreme Court, its working strength would rise to 33, one short of the sanctioned strength of 34, which includes the Chief Justice of India.

• The two vacancies in the apex court arose after retirements of Justice Hima Kohli and former CJI D.Y. Chandrachud.

• The retirement age of SC judges is 65 years, while High Court judges demit office at 62. 

• The Supreme Court collegium on November 28 recommended the elevation of Justice Manmohan to the top court.

• While recommending his name, the collegium has taken into consideration the fact that, at present, the bench of Supreme Court is represented by only one judge from the High Court of Delhi.

• Following the elevation of Justice Manmohan, Justice Vibhu Bakhru was appointed as the acting Chief Justice of the Delhi High Court. 

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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