Context:
Unlike the U.S., Indian judges are not appointees of the ruling party and are selected through a collegium of senior judges.
Appointment of Judges
The Constitution of India provides for the appointment of judges in the Supreme Court and High Courts under Articles 124(2) and 217.
- Supreme Court: The President appoints Supreme Court judges by warrant under their hand and seal. Eligibility
- Be an Indian citizen
- Have served as a High Court judge for at least five years
- Have served as a High Court advocate for at least 10 years
- Be considered a distinguished jurist by the President
- High Court: The President appoints High Court judges by warrant under their hand and seal. The President consults with:
- The Chief Justice of India
- The Governor of the state
- The Chief Justice of the High Court, if appointing a judge other than the Chief Justice
- Resignation
- Both the High Court judge and a Supreme Court judge can resign to the President of India.
