What procedures must be followed for the appointment of judges to the Supreme Court and High Courts as per Article 124 and Article 217, and how has this process evolved over the years?

Detailed Legal Analysis

The appointment of judges to the Supreme Court and High Courts in India is governed by Article 124 and Article 217 of the Constitution, respectively, and involves a well-defined procedure that has evolved significantly over the years.

According to Article 124(1), the President of India appoints the Chief Justice and other judges of the Supreme Court. Similarly, Article 217(1) outlines the appointment of judges to the High Courts. The following steps and requirements are involved in this process:

• Supreme Court Appointments (Article 124):
  • The President appoints the Chief Justice of India and other judges after consultation with judges of the Supreme Court and High Courts.
  • Consultation with the Chief Justice of India is mandatory for the appointment of other Supreme Court judges.
• High Court Appointments (Article 217):
  • The President appoints the Chief Justice and other judges of a High Court after consultation with the Chief Justice of India and the Governor of the respective state.
  • Consultation with the Chief Justice of the High Court concerned is also recommended.

Over the years, the procedure for judicial appointments has witnessed significant changes, particularly through landmark judgments and the establishment of the National Judicial Appointments Commission (NJAC):

• Judicial Appointments System:
  • The "Collegium System" was institutionalized through the Supreme Court's judgments in the cases of Supreme Court Advocates-on-Record Association v. Union of India (1993) and Second Judges Case (1998), which emphasized the role of the Chief Justice and senior judges in recommending appointments.
• National Judicial Appointments Commission (NJAC):
  • Established by the Constitution (Ninety-Ninth Amendment) Act, 2014, intended to provide a more transparent and accountable appointment process.
  • However, the NJAC was struck down by the Supreme Court in Justice K.S. Puttaswamy v. Union of India (2015), reinstating the Collegium System.

The current process remains a blend of constitutional provisions and judicial interpretations, with an emphasis on maintaining the independence of the judiciary while ensuring that the appointments are made through a consultative process.