Context:
Supreme Court (SC) ruled that High Court (HC) Chief Justice cannot Individually reconsider Judges’ Appointment, and it must be collectively done by collegium.
Collegium System:
- A method for the appointment and transfer of judges in the Supreme Court and High Courts of India.
- Not explicitly mentioned in the Constitution but has evolved through Supreme Court judgments.
Key Features:
- Composition –
- Supreme Court – Chief Justice of India (CJI) + 4 senior-most Supreme Court judges.
- High Court – Chief Justice of the High Court + 2 senior-most judges of that court.
- Process –
- The Collegium recommends appointments and transfers.
- The government can raise objections, but if the Collegium reiterates its recommendations, the government is bound to accept them.
Constitutional Provisions:
- Article 124 – Appointment of Supreme Court judges by the President after consultation with judges of the Supreme Court and High Courts as deemed necessary.
- Article 217 – Appointment of High Court judges by the President after consultation with the CJI, the Governor of the state, and the Chief Justice of the High Court concerned.
Genesis and Evolution:
- First Judges Case (1981) – S.P. Gupta vs. Union of India – Consultation does not mean concurrence.
- Second Judges Case (1993) – Supreme Court Advocates-on-Record Association vs. Union of India – Consultation means concurrence; CJI’s advice is binding.
- Third Judges Case (1998) – Consultation requires a plurality of judges; CJI must consult a Collegium of 4 senior-most judges.
- National Judicial Appointments Commission (NJAC) Act, 2014 was proposed to replace the Collegium system but was declared unconstitutional by a five-judge Constitution Bench in 2015, citing threats to judicial independence.
Source: The Indian Express
Previous Year Question
The power to increase the number of Judges in the Supreme Court of India is vested in:
[UPSC Civil Service Exam – 2014 Prelims]
(a) The President of India
(b) The Parliament
(c) The Chief Justice of India
(d) The Law Commission
Answer: (b)
