Report No. 80
7.6. Consultation by Chief Justice of India with his seniormost colleagues.-
As in the case of the High Court judges' appointment, so in the matter of appointment of a judge of the Supreme Court, we feel that the Chief Justice of India, while making a recommendation, should also consult his seniormost colleagues. The number of colleagues to be consulted for this purpose should be three. The Chief Justice of India in the communication incorporating his recommendation should specify that he has consulted his three seniormost colleagues and also reproduce the view of each of them regarding his recommendation.
The role of the seniormost colleagues would be confined only to making their comments on the recommendation of the Chief Justice; they would not be entitled to initiate a separate name for the purpose. The consultation with three seniormost colleagues by the Chief Justice would minimise the chances of any possible arbitrariness or favouritism.