The collegium, that recommends the name of judges to be appointed in Supreme Court, has one day ago recommended the appointment of four new judges in the Supreme Court, by the Chief Justice of India T.S. Thakur as per the set convention.
The names of the judges in the Supreme Court recommended for appointment include the Chief Justice of Allahabad High Court Dhananjay Chandrachud; the Chief justice of Kerala High Court Ashok Bhushan; the chief Justice of Madhya Pradesh High Court AM Khanwilkar; and a senior advocate L.Nageshwar Rao.
Exclusive Club
Nageshwar Rao was an additional solicitor General in the UPA’s regime as well as under the NDA government before resigning last year.
L.Nageshwar Rao is going to join a super exclusive club of lawyers who made staright entry to the Supreme Court. The club belongs to, to name some, lawyer like Kuldip Singh, N.Santosh Hegde and more recently R.F. Narimen.
Justice Dhananjay Chandrchud is coming to SC with a legacy as his father had been the Chief Justice of India for more than seven years from 1978 to July 1985. Justice Dhananjay Chandrachud had himself made a sort of record when he had been as a judge in Bombay High court as one of the youngest judge at the age of 40.
Justice Dhananjay Chandrachud, with nine years of his service left, has a strong chance of creating history by becoming CJI and proving the axiom: “like father like son”. Only once beforein the history of Supreme Court that both father and son made it to the SC: N.H. Bhagwati (father) and P.N.Bhagwati (son) went on to become Chief Justice of India.
Strength of SC
The sanctioned strength of the Supreme Court is of 38 judges including the post of the Chief Justice of India. The current status is that the SC is functioning with 25 judges. Even after appointment of three judges, that is going to take at least two weeks, there still will be two vacant seats of judges.
Appointment of Judges in the Supreme Court
Dealing with the appointment of a judge other than the Chief Justice of India Clause (2) of article 124 of the Constitution of India states:
‘Every judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty five years;
Provided that in the case of appointment of a judge other than the Chief Justice, the Chief Justice of India shall always be consulted.
However, demarcating a thin line and establishing a balance of power between the Supreme Court and the Union Government a nine Judges Bench of the Supreme Court in 1998 (AIR 1999 SC I: 1998) has held that recommendations made by the Chief Justice of India without complying with the “norms and requirements of the consultation process” were not binding on the central Government.
Norms to be followed by the Chief Justice
As to the appointment of judges in the Supreme Court, the Chief Justice of India should consultcollegium of four senior most judges of the Apex Court. Even if two judges give an adverse opinion, the CJI should not send the recommendation to the Government.
‘The collegium should make the decision in consensus and unless the opinion of the collegium is in conformity with that of the Chief Justice of India, no recommendation is to be made’.
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