Collegium SystemNovember 3, 2022 2022-11-03 15:21
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”.
- 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:
- The President of India appoints both Supreme Court and High Court judges.
- 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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