Under Article 124(2), every Judge of the Supreme Court is appointed by the President by warrant after consultation with:
Aonly the Council of Ministers of the Union of India, headed by the Prime Minister (compare Article 124(2); Second and Third Judges Cases)
Bsuch Judges of the Supreme Court and High Courts as the President deems necessary, the CJI always being consulted (except for the CJI's own appointment)
Cthe Chief Justice of the State High Court from which the Judge is being elevated (compare Article 124(2); Second and Third Judges Cases)
Dthe Vice-President as Chairman of the Rajya Sabha and the Speaker of the Lok Sabha (compare Article 124(2); Second and Third Judges Cases)
Answer & Solution
Correct answer: B. such Judges of the Supreme Court and High Courts as the President deems necessary, the CJI always being consulted (except for the CJI's own appointment)
1. Article 124(2) requires consultation with such Judges of the Supreme Court and High Courts as the President may deem necessary, and the CJI shall always be consulted for appointments other than that of the CJI.
2. The Second Judges Case (1993) and the Third Judges Case (1998) interpreted 'consultation' to mean 'concurrence' and laid down the Collegium System.
3. The 99th Amendment, 2014 (NJAC) was struck down by the Supreme Court in 2015 for violating judicial independence.
4. The Council of Ministers and other functionaries are not the constitutional consultees.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 124(2); Second and Third Judges Cases_
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