Appointment of Judges in the Higher Judiciary (2025) | Justice Surya Kant Recommended as the 53rd Chief Justice of India | Constitutional Provisions + Memorandum of Procedure Explained
Context: The Chief Justice of India (B.R. Gavai) has officially recommended Justice Surya Kant, the senior-most judge of the Supreme Court, as his successor — paving the way for the appointment of India’s 53rd Chief Justice. Justice Surya Kant, known for his key rulings on Article 370, the Electoral Bonds case, the Pegasus spyware probe, and the suspension of the sedition law, is expected to assume office after Justice Gavai’s retirement on 24 November 2025.
This transition perfectly illustrates how the Constitution of India and the Memorandum of Procedure (MoP) guide appointments in the higher judiciary — balancing executive consultation and judicial independence.
Constitutional & Legal Provisions
- Supreme Court of India – Judges
- Article 124(2) & (3): The CJI and other Judges of the Supreme Court are appointed by the President after consultation with such Judges of the Supreme Court and of the High Courts as the President may deem necessary. doj.gov.in
- Article 127: Provision for appointment of ad-hoc Judges of the Supreme Court. doj.gov.in+1
- Article 128: Provision for Supreme Court to sit any retired Judge of the Supreme Court or a High Court as a Judge of the Supreme Court, by request of the CJI and consent of the President. CoI PDF
- High Courts of India – Judges (including Chief Justices)
- Article 217(1): Every Judge of a High Court is appointed by the President after consultation with the CJI, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court. CoI PDF
- Article 218, 219: Qualifications, tenure etc.
- Article 224A: Additional Judges of High Court.
- Article 222: Transfer of Judges from one High Court to another. CoI PDF
- Memorandum of Procedure (MoP)
- The appointment process is governed by the “Memorandum of Procedure for Appointment of Judges” (MoP) for Supreme Court and for High Courts.
- The MoP was drawn up after the three Judges-cases (First Judges Case 1982; Second Judges Case 1993; Third Judges Case 1998) which established the “collegium system”.
- As per the Department of Justice, “Judges of the Supreme Court of India and High Courts are appointed as per the procedure laid down in the MoP prepared in 1998…” doj.gov.in+1
Appointment of Supreme Court Judges
| Step | Key Actors / Process | Summary |
|---|---|---|
| 1. Vacancy / anticipated vacancy arises | Chief Justice of India (CJI) | The CJI identifies or foresees a vacancy and initiates recommendation. doj.gov.in |
| 2. Collegium consultation | CJI + four seniormost puisne Judges of SC (and possibly next CJI) | They deliberate on merit, seniority, representation and send names. doj.gov.in+1 |
| 3. Government process | Deptt of Justice → Law Minister → Prime Minister → President | The Government takes the recommendation, obtains medical & background clearances, then the President issues appointment warrant. doj.gov.in |
| 4. Notification & appointment | President signs warrant → DoJ notification in Gazette | The process completes with formal notification. doj.gov.in |
| Eligibility criteria | As per Article 124 and MoP | Must be Indian citizen; either judge of High Court for 5 years or advocate 10 years etc. CoI PDF |
Note: Appointment of the Chief Justice of India: Usually the senior-most judge of SC considered fit; if doubt arises, further consultation. doj.gov.in
Appointment of High Court Judges
| Step | Key Actors / Process | Summary |
|---|---|---|
| 1. Initiation of proposal | Chief Justice of the concerned High Court | The process must be initiated sufficiently in advance (e.g., 6 months before vacancy) as per MoP. doj.gov.in+1 |
| 2. High Court Collegium recommendation | CJI (of HC) + two senior Judges of HC | They recommend names to State Governor and Centre with views. |
| 3. Central Collegium / SC Collegium involvement | Supreme Court Collegium gives advice on HC appointments | Names forwarded by Centre are vetted by SC Collegium; only recommended names are appointed. |
| 4. State Government consultation | Governor & State Govt consulted | The Governor’s views are sought; State Government provides inputs. wbja.nic.in |
| 5. Appointment by President | After Centre’s cabinet/PM advice | President issues warrant and DoJ notifies. |
| Eligibility criteria | As per Article 217 | Indian citizen; 10 years practice as advocate or 10 years service as judicial officer etc. |
Why this matters for Prelims?
- Understanding the process is essential for questions on “independence of judiciary”, “executive-judiciary relations”, and appointment reforms.
- Key Articles: Art 124, 127, 128 (SC); Art 217, 222 (HC).
- MoP is an important procedural document frequently referred in current affairs and judicial appointment debates.
- Steps and actors (CJI, Collegium, President, DoJ) form standard schematic questions.
- Recent issues (transparency of MoP, backlog of appointments, vacancy rates) are relevant for higher order questions.