<P> Dr. Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 (1) high lighting its inevitable implementation . </P> <P>... The word' strive' which occurs in the Draft Constitution, in judgement, is very important . We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives . That is why we have used the word' strive' . Otherwise, it would be open for any Government to say that the circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go . </P> <P> As per the constitution, as held by the court in the Three Judges Cases--(1982, 1993, 1998), a judge is appointed to the supreme court by the president on the recommendation of the collegium--a closed group of the Chief Justice of India, the four most senior judges of the court and the senior-most judge hailing from the high court of a prospective appointee . This has resulted in a Memorandum of Procedure being followed, for the appointments . </P> <P> Judges used to be appointed by the President on the advice of the Union Cabinet . After 1993 (the Second judges' Case), no minister, or even the executive collectively, can suggest any names to the President, who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary . Simultaneously, as held in that judgment, the executive was given the power to reject a recommended name . However, according to some, the executive has not been diligent in using this power to reject the names of bad candidates recommended by the judiciary . </P>

Who appoints judges of supreme court and high court