1) Supreme Court of India is the most unique and powerful Supreme Court in the world. Here, Supreme Court Judges themselves appoint Supreme Court Judges.
2) The Constitution says, President shall issue appointment orders as per names proposed by Government in Consultation with Chief Justice of India.
3) What does this word "Consultation" mean? Does it mean that 50% names will be suggested by Chief Justice and 50% names will be suggested by Government? The Answer is NO.
Will it be a Mixed Fruit Basket of 50% High Quality Judges and 50% as per choice of political party in power? The answer is NO.
4) Five Senior Judges of Supreme Court are called Collegium. Here, Chief Justice has to discuss with other Judges before forwarding names to Government. A strict procedure of such discussion is laid down. If Chief Justice, acts solo, and forwards name to Government, such act is not binding on Govt. Such appointment can be set aside.
5) After receiving names, the Govt collects informations from IB and other secret agencies about the names suggested. After considering these new material, if Govt has no objection, the person's name is sent to President for appointing him as Judge.
6) If Govt finds objectionable material, it returns the file with new material to CJI. He has to once again consult collegium judges. If all of them see no objection, the Govt has to pass the name for appointment.
But if One member of such consulted Judge says NO, in light of new material, then even if CJI may insist, the Government can refuse to appoint Such appoint may be held contrary to law.
7) The Government is bound to appoint as per recommendation of Chief Justice (after he has followed strict procedure of consulting other judges), as a Healthy Convention.
Notice the word "Healthy Convention" used in 9 Judges Judgement. It means many things. Perhaps, this has some value which may be debated in future when 11 Judges Bench may sit, whenever such issue will arise.
For more technical details, Google can be searched.
Transparency in collegium system is the proper cure. Replacing the collegium system with 50% Govt Appointed Selectors will be worst thing.
Haresh Raichura
23/07/2014
