The Memorandum of Procedure (MoP) provides the guidelines for appointing the CJI & other Supreme Court (SC) judges.

• CJI of and other SC judges are appointed by the President under Article 124(2) of the Constitution.

How CJI and SC Judges are appointed?

• Appointment of CJI
  • Seniority Principle: Conventionally, the senior-most judge of the Supreme Court is elevated as the CJI. 
  • Government Initiatives Process: Union government asks the current CJI to recommend a successor, usually about a month before retirement. 
  • Recommendation by CJI: The CJI sends a formal recommendation to the Ministry of Law, naming the senior-most eligible judge. 
  • Approval & Appointment: After PM’s approval, the President issues the warrant of appointment.
• Appointment of Other Judges 
  • Other SC judges are appointed by the President, based on recommendations of the Collegium consists of CJI and four other senior-most judges of the SC.
    • High Court Judges: Appointed by the President under Article 217, based on recommendations of the Collegium (CJI and two senior-most SC judges).
  • Collegium System evolved through the Three Judges Cases (1981, 1993, & 1998).