Why in the News?
The Supreme Court Collegium has recommended the transfer of 4 Chief Justices from the High Courts of Madras, Rajasthan, Tripura, and Jharkhand.
About the Collegium System:
- Definition: It is used in India for the appointment and transfer of judges to the Supreme Court and High Courts.
- Non-Constitutional Origin: It is not mentioned in the Constitution or any law passed by Parliament. It developed through Supreme Court judgments to protect judicial independence.
- Judicial Primacy: The system ensures that senior judges, not the government, have the main say in judicial appointments.
- Evolution: It arose in response to executive interference during the 1970s, when the government tried to influence and supersede senior judges:
- First Judges Case (1981) – S.P. Gupta v. Union of India:
- Held that the Chief Justice’s opinion was only consultative.
- Gave the executive primary control over appointments and transfers.
- Second Judges Case (1993) – Advocates-on-Record Association v. Union of India:
- Overruled the First Judges Case.
- Declared that “consultation” with the CJI means “concurrence”, making the CJI’s view binding.
- Introduced the Collegium system, involving the CJI and two senior-most judges.
- Affirmed that judicial independence requires judicial primacy in appointments.
- Third Judges Case (1998) – Re: Presidential Reference:
- Expanded the Collegium to include the CJI and four senior-most Supreme Court judges.
- Emphasised institutional decision-making, not personal preferences of individual judges.
How does the Collegium System works?
- For Supreme Court Judges:
- The Collegium includes the CJI and four senior-most SC judges.
- It recommends names for appointments to the SC and appointments/transfers of High Court judges and Chief Justices.
- The Law Ministry processes these names and sends them to the Prime Minister, who advises the President for final approval.
- For Appointing the Chief Justice of India:
- The sitting CJI recommends the senior-most SC judge.
- This practice has been followed since the 1970s supersession controversy.
- For High Court Judges:
- Recommendations start from the Chief Justice of the High Court, who consults two senior colleagues.
- The proposal goes to the state government, then to the Supreme Court Collegium (CJI and two senior-most SC judges), and finally to the President.
- For Transfers of Judges:
- Article 222 of the Constitution allows transfer of High Court judges.
- The Collegium recommends transfers, often for administrative needs or public interest.
- Consent is not needed, but the CJI must consult the Chief Justice of the concerned High Court and other senior judges.
- No High Court can have an Acting Chief Justice for more than a month, so transfers and new appointments are usually done together.
Tap to know more about the Appointment and Removal of HC Judges.
| [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 |
