Becoming a judge in the country’s biggest court i.e. the Supreme Court is considered to be the biggest dream of every lawyer’s career. But the path to reach here is not easy. A person gets this responsibility only after years of hard work, deep understanding of law and great experience. These days, after the new recommendations of the Supreme Court Collegium, the question is again in discussion that how does a lawyer become a judge of the Supreme Court and what is the process for it.

Recently, the Supreme Court Collegium has sent the names of four High Court Chief Justices and one senior advocate to the Central Government for Supreme Court Judgeship. Usually only senior judges of the High Court are sent to the Supreme Court, but sometimes a big and experienced lawyer also gets a chance to directly become a judge of the Supreme Court. This is the reason why this process always remains a subject of people’s interest.

What are the rules in the Constitution?

According to the Constitution of India, to become a judge of the Supreme Court, first of all a person must be an Indian citizen. After this the candidate has to fulfill certain conditions. If a person has practiced law in a High Court for 10 consecutive years, then he can be considered eligible to become a Supreme Court judge. At the same time, if a person has been a judge in the High Court for at least 5 years, then his name can also be considered.

There is another special provision in the Constitution. If, in the eyes of the President, a person is considered a great expert in law i.e. a “distinguished jurist”, then he can also be made a judge of the Supreme Court. However, this route has been used very rarely.

Selection is done through collegium system

Supreme Court judges are appointed through the collegium system. This collegium includes the Chief Justice of India i.e. CJI and the four most senior judges of the Supreme Court. This team decides which person is best suited to become a Supreme Court judge. The collegium takes into consideration things like the candidate’s legal understanding, experience, quality of decisions, honest image and seniority. If the collegium agrees on a name, its recommendation is sent to the central government.

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What is the role of the government and the President?

After receiving the recommendation of the collegium, the Law Ministry completes the process. After this the file is sent to the President. A Supreme Court judge is officially appointed only after getting the approval of the President. That is, the final appointment is made in the name of the President, but in this the recommendation of the collegium is considered most important.

Why is it considered special to become a judge directly from a lawyer?

Most of the Supreme Court judges in the country have previously been judges in the High Court. But when a senior lawyer is directly made a judge of the Supreme Court, it is considered a great honor. Such opportunities come very rarely. After independence, there have been only a few lawyers in the history of India who directly got the opportunity to become judges in the Supreme Court. Legal experts say that this honor is given only to those lawyers who have strong legal acumen, who have a clean image and who have done excellent work for a long time.

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