President of India (on recommendation of Collegium)

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The President of India (on recommendation of the Collegium) is the constitutional authority who formally appoints judges to higher courts in India based on the advice of a panel of senior judges.

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Statements (43)

Predicate Object
instanceOf appointing authority
constitutional authority
actsOnAdviceOf Council of Ministers headed by the Prime Minister of India NERFINISHED
appointmentDocumentsAddressedTo individual judges being appointed
appointmentEffectiveFrom date specified in presidential warrant of appointment
appointmentPowerConstrainedBy binding nature of Collegium recommendations
appointmentPowerSubjectTo judicial review in limited circumstances
appointmentProcessEarlierGuidedBy Union executive primacy before Second Judges Case
appointmentProcessInfluencedBy Special Reference No. 1 of 1998 (Third Judges Case) NERFINISHED
Supreme Court Advocates-on-Record Association vs Union of India (Second Judges Case, 1993) NERFINISHED
appointmentScope additional judges of High Courts
permanent judges of High Courts
permanent judges of the Supreme Court
appointmentSubjectTo oath of office administered to the judge
appoints Chief Justice of India NERFINISHED
judges of High Courts in India
judges of the Supreme Court of India
appointsAfter consultation process within the Collegium system
appointsOnAdviceOf High Court Collegium (for respective High Courts) NERFINISHED
Supreme Court Collegium NERFINISHED
boundBy recommendations of the Collegium in judicial appointments (with limited scope for return)
cannotIndependentlySelect names of judges for higher judiciary
cannotRefuse to appoint a judge once Collegium reiterates its recommendation
cannotVetoAfterReiteration Collegium recommendation reiterated by the Supreme Court Collegium
constitutionalBasis Articles 124 and 217 of the Constitution of India (as interpreted by Supreme Court judgments)
country India
distinctFrom President of India in other executive functions not involving Collegium
ensures formal compliance with constitutional procedure for judicial appointments
exercisesPowerUnder Article 124(2) of the Constitution of India for Supreme Court judges
Article 217(1) of the Constitution of India for High Court judges
formalizes warrants of appointment of judges
issues presidential notifications of judicial appointments
linkedInstitutionallyTo High Courts of India NERFINISHED
Supreme Court of India NERFINISHED
linkedToDoctrine independence of judiciary
mayReturnRecommendation Collegium recommendation for reconsideration
operatesWithin parliamentary system of government in India
partOfSystem Collegium system of judicial appointments in India
roleCharacterizedAs formal and constitutional head in judicial appointments
roleInJudiciary formal appointment of judges to higher judiciary
signs warrant of appointment for High Court judges
warrant of appointment for Supreme Court judges
symbolizes constitutional safeguard for judicial independence through formal appointment power

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Allahabad High Court appointmentAuthorityForJudges President of India (on recommendation of Collegium)