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Blog / 27 Aug 2025

Appointment process of judge of Supreme Court

Context:

The Supreme Court Collegium, headed by Chief Justice of India B.R. Gavai, has recommended the elevation of two Chief Justices to the Supreme Court: Justice Alok Aradhe of the Bombay High Court and Justice Vipul Manubhai Pancholi of the Patna High Court.

About Justice Alok Aradhe:

·        Appointed as Additional Judge of Madhya Pradesh High Court: December 2009

·        Became Permanent Judge: February 2011

·        Served as Acting Chief Justice of Jammu and Kashmir High Court: May-August 2018

·        Served as Acting Chief Justice of Karnataka High Court: July-October 2022

·        Appointed as Chief Justice of Telangana High Court: July 2023

·        Transferred as Chief Justice of Bombay High Court: January 21, 2025

About Justice Vipul Manubhai Pancholi:

·        joined Additional Judge of Gujarat High Court: October 1, 2014

·        Became Permanent Judge: June 10, 2016

·        Transferred to Patna High Court: July 2023

·        Appointed as Chief Justice of Patna High Court: July 21, 2025

Process of Appointment of Judges to the Supreme Court:

Constitutional Provision:

  • Article 124(2) of the Indian Constitution states that Supreme Court judges are appointed by the President, after consultation with such judges of the SC and HCs as deemed necessary.

The Collegium System (Judicial innovation, not in Constitution):

  • Evolved through three judges cases.
  • For the Supreme Court, the Collegium comprises:
    • Chief Justice of India
    • Four senior-most judges of the SC

Steps in the Process:

1.       Collegium Recommendation: Names are selected based on seniority, merit, regional representation, and parent High Court.

2.      Forwarding to Government: The list is sent to the Law Ministry.

3.      Background Checks: Intelligence Bureau (IB) vetting may be done.

4.     PMO Review: Processed by the Prime Minister's Office.

5.     Presidential Appointment: Finally, the President of India formally appoints the judge.

Composition and Qualifications for Supreme Court Judges:

The Supreme Court of India, initially consisting of one Chief Justice and seven judges, now comprises 34 judges (including the CJI), following periodic increases by Parliament.
As per Article 124(3) of the Constitution, a person is qualified for appointment as a Supreme Court judge if they are:

  • A citizen of India;
  • A High Court judge for at least five years or an advocate in High Court(s) for ten years; or
  • A distinguished jurist in the President's opinion.

Appointment, Oath, and Tenure:

Under Article 124(2), judges are appointed by the President, in consultation with senior judges of the SC and High Courts. Judges take an oath to uphold the Constitution and discharge duties impartially.
There is no minimum age, but judges retire at 65 years. They can resign by writing to the President. Salaries and allowances are drawn from the Consolidated Fund of India.

About Collegium System and Its Evolution:

The Collegium System, not mentioned in the Constitution, governs judicial appointments. It includes the CJI and four senior-most SC judges.

  • First Judges Case (1981): Gave primacy to the Executive.
  • Second (1993) & Third (1998) Judges Cases: Established and expanded the collegium.
  • Fourth Judges Case (2015): Struck down the NJAC, reviving the collegium system.