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Collegium picks 4 for SC, recommends Uttarakhand Chief Justice’s transfer (analysed from The Indian Express) (relevant for Prelims, GS paper II, Topic: Appointment of Judges)

The Supreme Court collegium has recommended elevation of three High Court Chief Justices and a senior lawyer to the apex court. The last recommendation was made before the National Judicial Appointments Commission (NJAC) Act,  which was struck down by a Supreme Court bench last year .

It also recommended transfer of Uttarakhand High Court Chief Justice K M Joseph, who recently delivered the judgment quashing President’s Rule in the state, to the High Court of Andhra Pradesh and Telangana. 

The apex court’s current strength of judges is 25, against the sanctioned strength of 31. With the elevation of three High Court Chief Justices and Rao the strength will go upto 29. 

Appointment of Judges:

Article 124 says the President should appoint Supreme Court judges after consultation with such judges of High Courts and the Supreme Court as he/she may deem necessary. The Chief Justice of India is to be consulted in all appointments barring his/her own. 

Article 217, which deals with the appointment of High Court judges, says the President should consult the CJI, Governor, and Chief Justice of the High Court concerned. Neither of the provisions speaks about a collegium

Then as held by the court in the Three Judges' Cases – (1982, 1993, 1998), a judge is appointed to the Supreme Court by the President of India on the recommendation of the collegium  — a closed group of the Chief Justice of India, the four most senior judges of the court.



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