Who Really Chooses Supreme Court Judges In India? Collegium System Explained
EduLaw EditorialDaily Legal UpdatesUnderstand how Supreme Court judges are appointed in India. A detailed explanation of the Collegium system, NJAC debate, judicial vacancies, and latest 2026 judge recommendations.
Edu Law ☼ Share Home › Constitutional Law › Collegium System Explained Investigative Constitutional Law Current Affairs 2026 ~22 min read · 5,200+ words Who Really Chooses Supreme Court Judges In India? Inside The Collegium System Explained Every Supreme Court judge in India can shape elections, free speech, privacy, arrests, internet shutdowns, and even governments. But very few Indians know how these judges are actually selected. EL EduLaw Editorial Published 28 May 2026 · Updated today Contents The Opening Who Actually Appoints? What Is the Collegium? Who Sits in It? Step-by-Step Process Who Can Become a Judge? Why More Judges? Government vs Collegium Criticisms Defence of the System After Recommendation The Future FAQs Conclusion SECTION 01 This Is Not a Textbook. This Is How Power Actually Works. On 27 May 2026, behind the closed doors of the Supreme Court of India, the Collegium made a decision that will reshape the apex court for years to come. Five names were recommended for elevation to the Supreme Court bench: Justice Sheel Nagu, Chief Justice of Punjab and Haryana High Court; Justice Shree Chandrashekhar, Chief Justice of the Bombay High Court; Justice Sanjeev Sachdeva, Chief Justice of Madhya Pradesh High Court; Justice Arun Palli, Chief Justice of the High Court of Jammu and Kashmir and Ladakh; and Senior Advocate V. Mohana, a practising lawyer who, if appointed, would become only the tenth person in Indian history to be elevated to the Supreme Court directly from the Bar, and only the second woman to achieve that distinction after retired Justice Indu Malhotra. These five names were recommended by the Collegium headed by the 53rd Chief Justice of India, Justice Surya Kant, who assumed office on 24 November 2025 and will lead the Court until 9 February 2027. The recommendations came weeks after a landmark development: the Union Cabinet's approval on 5 May 2026 of the Supreme Court (Number of Judges) Amendment Bill, 2026 — proposing to increase the sanctioned strength of the Supreme Court from 34 to 38 judges including the Chief Justice of India. This was the first expansion since 2019, and it arrived against the backdrop of an unprecedented pendency crisis. By March 2026, the Supreme Court's pending caseload had climbed to 93,143 cases — the highest figure the Court had seen in three decades — with the overall backlog continuing to rise month after month. This is the story of the Collegium system — the mechanism that selects the guardians of the Indian Constitution. It is a story of constitutional evolution, political confrontation, institutional secrecy, and an ongoing struggle between judicial independence and democratic accountability. It is not a textbook account. It is the story of how power actually works inside India's judiciary. SN Justice Sheel Nagu Chief Justice Punjab and Haryana HC SC Justice Shree Chandrashekhar Chief Justice Bombay HC SS Justice Sanjeev Sachdeva Chief Justice Madhya Pradesh HC AP Justice Arun Palli Chief Justice J&K and Ladakh HC VM Sr. Adv. V. Mohana Senior Advocate Supreme Court Bar SECTION 02 Who Actually Appoints Supreme Court Judges? If you open the Constitution of India and turn to Article 124, the text is deceptively simple. It says the President of India shall appoint every judge of the Supreme Court, and that this appointment shall be made “after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary.” For decades, the exact meaning of the word “consultation” has been the battleground of one of Indian democracy's most consequential power struggles. Article 124(2) · Constitution of India The Appointment Clause “Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary. In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted.” The textbook answer to “who appoints Supreme Court judges?” is straightforward: the President of India. But the practical reality is far more layered. The President does not independently identify candidates or exercise personal discretion over who should join the bench. The names originate from within the judiciary itself — specifically, from the Collegium. The Union Government, through the Ministry of Law and Justice, facilitates the process, conducts background checks through the Intelligence Bureau, and can raise objections. But after the landmark Second Judges Case of 1993, the judiciary's recommendation carries primacy. To put it simply: technically, the President appoints judges; practically, the Collegium drives the process. ⚖ The Power Triangle of Judicial Appointments Three actors p