Key Takeaways
- Appointment of new supreme court judges the Supreme Court Collegium has recommended Sudhanshu Dhulia and Jamshed Burjor Pardiwala, Chief Justices of the Gauhati and Gujarat High Courts, respectively, for appointment as judges in the top court
Appointment of Supreme Court Judges
- The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution.
- At present judges are appointed based on the recommendation of collegium system
- Collegium System
- It is the system of appointment and transfer of judges that has evolved through judgement of the supreme court and not by an Act of Parliament or by provision of the Constitution
- There is no mention of the Collegium either in the original constitution of India
- The Supreme Court collegium is headed by the CJI and comprises four other senior most judges of the court.
- Evolution of Collegium System
- In three cases: which came to be known as the Judges Cases in 1981, 1993 and 1998, the Supreme Court evolved the collegium system for appointing judges.
- First Judges Case
- S P Gupta v Union of India (1981) the SC ruled that the President does not require the “concurrence” of the CJI in appointing judges.
- The ruling affirmed the pre-eminence of the executive in making appointments, but was overturned 12 years later in the Second Judges Case
- Second Judges Case
- SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.
- It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.
- Third Judges Case
- SC on President’s reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
Pic Courtesy: The Hindustan Times
Source – The Hindu