UPSC Current Affairs

Collegium System

Article 200 - Ekam IAS

Collegium System

A meeting of the Supreme Court Collegium system, comprising the Chief Justice of India (CJI), and four senior-most judges, which was called for September 30, 2022 but did not take place, was subsequently “closed without there being any further deliberation”.

Collegium System:
  • It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court (SC), and not by an Act of Parliament or by a provision of the
Evolution of the Collegium System:
  • Its legal basis is found in a series of three judgments — usually referred to as the ‘Judges Cases’.
  • In the ‘First Judges Case’, the court held that the consultation with the CJI should be “full and effective”.
  • The Second Judges case introduced the collegium system in 1993. It ruled that the CJI would have to consult a collegium of his two senior-most judges in the apex court on judicial appointments.
  • The ‘Third Judges Case’ case in 1998, which was a Presidential reference, expanded the collegium to its present composition of the CJI and four of his senior-most judges.
How does the collegium discharge its functions?
  • It functions mainly through the system of adopting resolutions and sending them to the Union Law Ministry for further action.
  • If a proposal for appointment of a judge is returned for reconsideration, the Collegium may either drop it or reiterate
  • When the Collegium reiterates its decision after reconsideration, it is binding on the government.
  • By convention, once a recommendation for the successor to the CJI’s office is made, the Collegium ceases to make decisions.
What does the constitution say?
  • The Constitution under Article 124 says that, a Supreme Court judge is appointed by the President in consultation with the Chief Justice of Indi
UPSC Prelims Model Question:

Q. With reference to Indian Judiciary, consider the following statements:

  1. The President of India appoints both Supreme Court and High Court judges.
  2. According to the Constitution, the President appoint the judges after consulting with the Collegium.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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