Who really decides India’s Supreme Court judges?
- ByDivya Adhikari
- 04 Sep, 2025
- 0 Comments
- 2

The Collegium System is the current method for appointing and transferring judges to the Supreme Court (SC) and High Courts (HCs). It is a key topic for UPSC and other government exams under Indian Polity (GS Paper 2).
Constitutional Basis:
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Article 124 & 217 govern appointments.
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President appoints judges after consulting the CJI, whose opinion is binding.
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CJI consults a collegium of four senior-most SC judges; if two oppose, the recommendation is rejected.
Evolution:
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1950–1973: President consulted CJI; seniority convention for CJI existed.
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First Judges Case (1982): Consultation ≠ concurrence.
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Second Judges Case (1993): Consultation = concurrence → Collegium born.
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Third Judges Case (1998): CJI + 4 senior-most judges form collegium; two adverse opinions block recommendations.
Working:
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SC judges: CJI + 4 senior judges.
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HC judges: CJI + 2 senior SC judges + HC consultation.
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Government can request reconsideration once.
Criticism: Lack of transparency, delays, and tussles with the executive.
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