Appointment of Judges of SC/HC
Appointment procedure of SC/HC Judges
Supreme court makes the Colosseum of top most four senior judges of SC and Chief Justice of India (CJI). Colosseum analysis all the facts and figure and prepare the report on the basis of seniority, work excellence, no corruption charges and level of decisions. On the basis of report Colosseum decide who is fit for appointment of SC/HC Judge. Name of selected candidate and report send to President of India for request to appointment of Judge in SC/HC. President of India with the advice of Council of Ministers which is appointed by him/her read the report sent by Colosseum and decide the suggested candidate is right choice of appointment of Judge of SC/HC or not. If the President of India approve and sign on it then suggested candidate will be appoint as a Judge of SC/HC. If the President of India do not think the suggested name by Colosseum is right choice then he/she can return the report for reconsideration. If the same report and name sent by Colosseum then President of India bound to sign on it.
Facts
I. Colosseum sent the two names for appointment of Judges of Supreme Court.
1. Justice Indu Malhotra
2. Justice K. M. Joseph
President of India approved Justice Indu Malhotra to become the Judge of Supreme Court but return the file of Justice K. M. Joseph for reconsideration.
II. Central Government has three arguments
1. Justice K. M. Joseph is representation of Kerla.
2. Most of the High Court Judges are senior than him.
3. Imbalance in regional representation.
Might be possible Central Government do not pass the file of Justice K. M. Joseph.
In 2016 Central Government apply the President rule in Uttarakhand but Justice K. M. Joseph remove the President rule.
III. Central Government approved to Justice K. M. Joseph to become Judge of SC
Central Government approved three name together Uttarakhand HC Chief Justice K. M. Joseph, Madras HC Chief Justice Indra Banerjee and Orissa HC Chief Justice Vineet Saran.
Impact
Justice Indu Malhotra become senior than Justice K. M. Joseph whereas both would be same in respect to seniority.
Is seniority matter?
Yes, Most senior Judges appoint to CJI (Chief Justice of India) and Colosseum.
Central Government want
Central Government says we also want to be part of Colosseum.
Procedure of appointment of SC/HC Judges according to my opinion
> Center Government will not be the a part Colosseum because due to it Judiciary will not be independent.
> Colosseum select the candidate on the basis of seniority and previous performance of Justice.
* This is my first post and sorry for mistake if any.
Please give your opinion Center Government role is require in the appointment of Judges of SC/HC or not?
Supreme court makes the Colosseum of top most four senior judges of SC and Chief Justice of India (CJI). Colosseum analysis all the facts and figure and prepare the report on the basis of seniority, work excellence, no corruption charges and level of decisions. On the basis of report Colosseum decide who is fit for appointment of SC/HC Judge. Name of selected candidate and report send to President of India for request to appointment of Judge in SC/HC. President of India with the advice of Council of Ministers which is appointed by him/her read the report sent by Colosseum and decide the suggested candidate is right choice of appointment of Judge of SC/HC or not. If the President of India approve and sign on it then suggested candidate will be appoint as a Judge of SC/HC. If the President of India do not think the suggested name by Colosseum is right choice then he/she can return the report for reconsideration. If the same report and name sent by Colosseum then President of India bound to sign on it.
Facts
I. Colosseum sent the two names for appointment of Judges of Supreme Court.
1. Justice Indu Malhotra
2. Justice K. M. Joseph
President of India approved Justice Indu Malhotra to become the Judge of Supreme Court but return the file of Justice K. M. Joseph for reconsideration.
II. Central Government has three arguments
1. Justice K. M. Joseph is representation of Kerla.
2. Most of the High Court Judges are senior than him.
3. Imbalance in regional representation.
Might be possible Central Government do not pass the file of Justice K. M. Joseph.
In 2016 Central Government apply the President rule in Uttarakhand but Justice K. M. Joseph remove the President rule.
III. Central Government approved to Justice K. M. Joseph to become Judge of SC
Central Government approved three name together Uttarakhand HC Chief Justice K. M. Joseph, Madras HC Chief Justice Indra Banerjee and Orissa HC Chief Justice Vineet Saran.
Impact
Justice Indu Malhotra become senior than Justice K. M. Joseph whereas both would be same in respect to seniority.
Is seniority matter?
Yes, Most senior Judges appoint to CJI (Chief Justice of India) and Colosseum.
Central Government want
Central Government says we also want to be part of Colosseum.
Procedure of appointment of SC/HC Judges according to my opinion
> Center Government will not be the a part Colosseum because due to it Judiciary will not be independent.
> Colosseum select the candidate on the basis of seniority and previous performance of Justice.
* This is my first post and sorry for mistake if any.
Please give your opinion Center Government role is require in the appointment of Judges of SC/HC or not?
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