Appointment Of SC Judges

Why it is in the News?

  • The Supreme Court collegium recommended the names of two judges and rejected the government’s disapproval of the elevation of two other judges whose names were sent earlier by the collegium.
  • Justices Bhushan R. Gavai and Surya Kant are the new recommendations and Justices Aniruddha Bose and A.S. Bopanna have been recommended for a second time by the collegium.
  • Justice Gavai superseded three judges in the Bombay High Court but the collegium said that though seniority is to be given due weightage, merit is the 'predominant consideration”.

Background:

  • On April 12, 2019, the SC collegium recommended the elevation of Jharkhand HC and Gauhati HC Chief Justices Aniruddha Bose and A.S. Bopanna as SC judges but the government sent back the request for reconsideration.
  • Now the government has to mandatorily appoint Aniruddha Bose and A.S. Bopanna as Supreme Court judges but the time of appointment is at the discretion of the government.

Process of Appointment of SC Judges:

  • The collegium, consisting of the Chief Justice of India and four other senior most judges, recommends names to the government for appointment.
  • When a collegium recommends a name the government can either accept it or send it back for reconsideration but if recommended again, the government is bound by the recommendation.


Source: TH