New Delhi
Justice Joymarya Bagchi of the Calcutta High Court was appointed as Justice of the Supreme Court on Monday. His name was sent by the Supreme Court Cologium on 6 March. The central government had recommended the central government to appoint Justice Bagchi as the Supreme Court Justice. Justice Joyamalya Bagchi will take oath as a Supreme Court judge on 17 March.
Terror of over 6 years
Law Minister Arjun Ram Meghwal has announced his appointment from social media through social media. Justice Bagchi will complete a term of more than six years in the Supreme Court. During this time he will also act as the Chief Justice of India (CJI). Justice Bagchi was born on 3 October 1966. Justice Bagchi will retire on October 2, 2031 and before that he will also become the Chief Justice of the Supreme Court. Justice KV Vishwanathan will retire from the post of Chief Justice on 25 May 2031 and after that Justice Bagchi will become the Chief Justice of India.
Judge in Calcutta High Court in 2011
Justice Bagchi was appointed a judge of the Calcutta High Court on 27 June 2011. He was transferred to the Andhra Pradesh High Court on 4 January 2021. Later on November 8, 2021, he returned to the Calcutta High Court and has been working there since then. Justice Bagchi has served in the High Court for more than 13 years. After taking the oath of Justice Bagchi, there will be a total of 33 Justices in the Supreme Court, while the total sessions are 34.
Why in the discussion?
Recently, the Supreme Court Collegium has recommended the appointment of Justice Jaymalya Bagchi of the Calcutta High Court as the Supreme Court judge.
The five -member collegium headed by Chief Justice Sanjeev Khanna took this decision unanimously.
Representation of Calcutta High Court
No judges from the Calcutta High Court have become the Chief Justice of India since the retirement of Justice Altams Kabir on 18 July 2013.
Currently, the Calcutta High Court has only one representation in the bench of the Supreme Court.
Appointment of judges
Collegium system
Establishment of appointment and transfer of judges in the High Court and Supreme Court
Neither is a constitutional institution nor statutory
Establishment through Supreme Court’s decisions
First Judge Case (1981)
The Supreme Court said that the President can reject the recommendation made by the Chief Justice of the Supreme Court for the appointment of judges on the basis of concrete reasons.
Second Judge Case (1993)
Recommendation for appointment of judges will not be from the personal opinion of the Chief Justice
Two other senior most judges of the Supreme Court will be sent after consulting
The executive can register her objection on this recommendation
Chief Justice, to accept or reject the objection of the executive, their decision is binding on the executive
Third Judge Case (1998)-
The Chief Justice of the Supreme Court will have to consult 4 other most judges of the Supreme Court before recruiting the appointment and transfer of judges.
Appointment of judges in the Supreme Court
Chief Justice and other judges of the Supreme Court are appointed by the President of India.
After several controversies related to the appointment of the Chief Justice, the Chief Justice is now appointed on the basis of seniority.
The Chief Justice sends a recommendation to the President after consulting 4 other senior -most judges of the Supreme Court for appointment of other judges in the Supreme Court.
If 2 out of 5 judges oppose the appointment of a person, his name will not be sent to the President.
The advice of all judges should be in writing, not oral.
