• India
  • Mar 18

Justice Joymalya Bagchi takes oath as SC judge

• Chief Justice of India (CJI) Sanjiv Khanna administered the oath of office to Justice Joymalya Bagchi, a senior judge of the Calcutta High Court, as a Supreme Court judge on March 17.

• The CJI administered the oath to Justice Bagchi in the presence of other Supreme Court judges at a ceremony on the apex court premises.

• With the swearing in of Justice Bagchi, the apex court now has 33 judges against its sanctioned strength of 34.

• Justice Bagchi will have a tenure of more than six years in the Supreme  Court, during which he will also serve as the Chief Justice.

• Born on October 3, 1966, Justice Bagchi would assume the office of the CJI upon the retirement of Justice K.V. Viswanathan on May 25, 2031. His tenure will last till his retirement on October 2, 2031.

• Justice Bagchi’s name was cleared for appointment as a Supreme Court judge by the central government on March 10, days after a five-member collegium headed by CJI Khanna recommended his name on March 6.

• The collegium noted that no Calcutta High Court judge had risen to become the CJI since the retirement of Justice Altamas Kabir on July 18, 2013.

• Justice Bagchi enrolled as an advocate on November 28, 1991. He was appointed as a permanent judge of the Calcutta High Court, on June 27, 2011 and transferred to the Andhra Pradesh High Court on January 4, 2021. He was repatriated to the Calcutta High Court on November 8, 2021, and had been functioning there since then.

• He has served as a High Court judge for more than 13 years and stands at serial number 11 in the combined all-India seniority of High Court judges, including chief justices.

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.

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