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Q88 (NDA-II/2018) Polity & Governance › Judiciary › Supreme Court structure and powers Answer Verified

Every Judge of the Supreme Court of India is appointed by

Result
Your answer: —  Â·  Correct: C
Explanation

According to Article 124(2) of the Constitution of India, every Judge of the Supreme Court is appointed by the President of India by warrant under his hand and seal [2]. While the Collegium system—comprising the Chief Justice of India and the four senior-most judges—plays a pivotal role in recommending names for these appointments, the formal power of appointment remains vested in the President. The process involves the Chief Justice of India conveying the Collegium's recommendations to the Government of India, after which the President makes the final appointment [3]. Although the 99th Constitutional Amendment Act of 2014 attempted to replace this with the National Judicial Appointments Commission (NJAC), the Supreme Court declared it unconstitutional in 2015, thereby restoring the previous system where the President appoints judges based on judicial consultation.

Sources

  1. [2] https://doj.gov.in/memorandum-of-procedure-of-appointment-of-supreme-court-judges/
  2. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 339
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 340
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