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Question

By whom are the Judges of the Supreme Court appointed and how?

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Solution

The President appoints the Chief Justice of the Supreme Court by consulting the outgoing Chief Justice. The senior-most judge of the Supreme Court is considered for the post of the Chief Justice as a norm and not as a Constitutional requirement. Once the Chief Justice assumes the position, the president appoints the other judges of the Supreme Court in consultation with him or her.
In case of a vacancy for a judge, some names are shortlisted by the Chief Justice and four other senior judges of the Supreme Court. These group of Supreme Court judges is called the Collegium of the Court and is responsible for the selection of judges according to a ruling of the Constitutional Bench of a Supreme Court (handed down in 1993 and reinforced in 1999). The shortlisted names are recommended to the President by the Law Ministry. The President performs the final formality of appointing the judges.

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