The government has said that there was a call from within the judiciary and parliamentarians to change the collegium system for appointment of judges.
- A draft memorandum of procedure for bringing transparency and accountability to the system was submitted by the Government to the Supreme Court, and it was pending.
- In exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, the appointments are made by the President of India.
- The names are recommended by the Collegium.
- The norms relating to the eligibility has been envisaged in the Article 124 of the Indian Constitution.
- To become a judge of the Supreme court, an individual should be an Indian citizen.
- In terms of age, a person should not exceed 65 years of age.
- The person should serve as a judge of one high court or more (continuously), for at least five years or the person should be an advocate in the High court for at least 10 years or a distinguished jurist.
- It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.
- The SC collegium is headed by the CJI and comprises four other senior most judges of the court.
- A HC collegium is led by its Chief Justice and four other senior most judges of that court.
- The collegium sends its final recommendation to the President of India for approval.
- The President can either accept it or reject it.
- In the case it is rejected, the recommendation comes back to the collegium. If the collegium reiterates its recommendation to the President, then he/she is bound by that recommendation.