RAS question
The judges of the Supreme Court are appointed by:
Correct answer: (C) President of India after consultation with the CJI.
Judges of the Supreme Court of India are appointed by the President of India after the constitutionally required consultation process under Article 124(2).
Explanation
Article 124(2) of the Constitution provides the appointment route for Supreme Court judges: each judge is appointed by the President by warrant under his hand and seal, after consultation with judges of the Supreme Court and High Courts whom the President considers necessary. For appointing a Supreme Court judge other than the Chief Justice of India, the Chief Justice of India must always be consulted. This is why the best answer is not Parliament or the Prime Minister, but the President acting after consultation. In practice, the Collegium system, developed through the Second and Third Judges cases, makes recommendations for such appointments.
Why the other options are wrong
- (A) High Court judges do not form the collegium for Supreme Court appointments, so this option confuses a consultative role with the appointing authority.
- (B) Parliament may legislate on aspects of the Supreme Court, but Article 124(2) assigns appointment of Supreme Court judges to the President, not to Parliament.
- (D) The Prime Minister does not directly appoint Supreme Court judges; the constitutional appointment is made by the President after the required consultation process.
Concept
This tests the Union Judiciary part of Indian Polity, especially Article 124 and the appointment process for Supreme Court judges. It recurs in RAS because constitutional offices and appointing authorities are high-frequency factual areas where options often mix up formal and practical roles.