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Discussion

Judges of the Supreme Court of India are appointed by

  • A.The President, after consultation with the collegium
  • B.Parliament, by a two-thirds majority
  • C.The Prime Minister alone
  • D.The Chief Justice of India alone

Answer: A

Correct answer: The President, after consultation with the collegium

Under Article 124 judges of the Supreme Court are appointed by the President, who must consult such judges of the Supreme Court and the High Courts as are considered necessary, and must consult the Chief Justice of India for every appointment other than that of the Chief Justice. What that consultation means has been settled by litigation rather than text. In the Three Judges Cases, culminating in 1993 and 1998, the Supreme Court held that consultation means concurrence, and established the collegium - the Chief Justice and the four senior-most judges - whose recommendation is binding on the executive, which may return a name once but must accept it if repeated. Parliament tried to replace this in 2014 with a National Judicial Appointments Commission, but the Supreme Court struck the 99th Amendment down in 2015 as violating judicial independence, part of the basic structure. A judge holds office to the age of 65 and can be removed only by impeachment for proved misbehaviour or incapacity.

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