Why in the News?
Recently, CJI B.R. Gavai affirmed that the collegium system will ensure merit, transparency, and inclusive representation, and will not be swayed by external pressures.
What is the Collegium System?
- About: The Collegium System is the process by which judges are appointed and transferred in the Supreme Court and High Courts of India.
- Origin: It was developed by the Supreme Court itself and is not mentioned in the Constitution.
- Purpose: It aims to ensure judicial independence by minimizing the role of the executive in judicial appointments.
- Basis for Appointments:
- Supreme Court Judges: Under Article 124, the President appoints judges after consulting relevant judges from the Supreme Court and High Courts.
- High Court Judges: Under Article 217, appointments are made by the President after consulting the Chief Justice of India, Governor of the State, and Chief Justice of the High Court concerned.
- Structure of the Collegium:
- Supreme Court Collegium: It consists of 5 judges — the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court.
- High Court Collegium: It comprises the Chief Justice of the High Court and the two senior-most judges of that High Court.
Qualifications for SC Judges:
Qualifications for HC Judges:
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Evolution of the Collegium System:
- First Judges Case (1981): The Supreme Court ruled that the executive had primacy in appointments, and the CJI’s opinion was not binding.
- Second Judges Case (1993): The Court reinterpreted “consultation” to mean “concurrence”, giving primacy to the judiciary and formally creating the Collegium System.
- Third Judges Case (1998): On Presidential Reference, the Collegium was expanded to five members — the CJI + 4 senior-most judges.
How does it Work?
- Appointment of Chief Justice of India (CJI): The outgoing CJI recommends the next CJI, based on seniority. The Law Minister forwards it to the PM, who advises the President.
- Appointment of Other SC Judges: The CJI initiates the proposal after consulting Collegium members and the senior-most judge from the concerned High Court.
- Appointment of High Court Judges: Initiated by the High Court Chief Justice, approved by the High Court Collegium, and forwarded via the state government to the Union Law Ministry.
| [UPSC 2012] What is the provision to safeguard the autonomy of the Supreme Court of India?
1. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India. 2. The Supreme Court Judges can be removed by the Chief Justice of India only. 3. The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote. 4. All appointments of officers and staff of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India. Which of the statements given above is/are correct? Options: (a) 1 and 3 only * (b) 3 and 4 only (c) 4 only (d) 1, 2, 3 and 4 |
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