Correct Option
The correct option is By the President after consulting the CJI..
Explanation
The appointment of judges to the higher judiciary (Supreme Court and High Courts) is a constitutional process governed by Article 124 and Article 217 of the Constitution of India. While the formal power of appointment is vested in the President, the process involves a mandatory consultation mechanism, interpreted by the Supreme Court as the Collegium System.
Option Analysis
- By the President after consulting the CJI. is Correct:
- Supreme Court: Under Article 124(2), judges are 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. The consultation with the Chief Justice of India (CJI) is mandatory.
- High Courts: Under Article 217(1), judges of a High Court are appointed by the President after consultation with the CJI, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
- By the Prime Minister. is Incorrect: The Prime Minister is the head of the government and advises the President, but the constitutional authority to sign the warrant of appointment lies solely with the President.
- By the people. is Incorrect: The Indian judiciary is not elective. Judges are not elected by the people to ensure judicial independence and insulation from political pressure.
- By the Parliament. is Incorrect: The Parliament does not appoint judges. Its role is limited to the removal process (impeachment) under the Judges (Inquiry) Act, 1968.
Key Takeaway: Judges of the Supreme Court and High Courts are appointed by the President of India based on the recommendations of the Collegium system, where consultation with the Chief Justice of India is a binding procedural requirement.