Collegium system

Explained | The workings of the Supreme Court collegium The Constitution says How does it discharge its functions? The Collegium’s functioning has been criticised for being opaque. Its resolutions and recommendations are hosted on the Supreme Court’s website, giving relevant information about its decisions. However, the nature of the deliberations and whether there are any internal differences of opinion on the suitability of a particular candidate are unknown. 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 it. When the Collegium reiterates its decision after reconsideration, it is binding on the government. Why was the September 30 meeting closed without result? The meeting had to be postponed because on that day, a member of the Collegium, Justice D.Y. Chandrachud, who will be the next Chief Justice of India, was preoccupied with his list of cases well beyond court hours. Subsequently, a difference of opinion has been acknowledged over the manner in which the deliberations were to go on. While Chief Justice Lalit wanted to circulate the files pertaining to some recommendations for appointment to the Supreme Court, two judges in the Collegium, Justice Chandrachud and Justice Abdul Nazeer, did not favour any decision through circulation. They preferred deliberations in person. ...

What is the collegium system and why Centre and Supreme Court are at loggerheads over it? The collegium system is a way to appoint judges of the Supreme Court and High Courts. Recently, the Supreme Court also pressed the Centre to clear recommendations made by the collegium. The central government has sent back 19 names recommended by the group for appointment as HC judges Amid Union law minister Kiren Rijiju’s recent remarks on the Supreme Court Collegium, the central government has asked the top court to reconsider 19 out of the 21 names recommended for appointment as High Court judges. As per PTI sources, the Centre expressed “strong reservations” about these pending recommendations made by the apex court collegium and sent back the files on 25 November. Indian Express reported that out of the 10 names returned after SC Collegium’s reiterations, five were for Allahabad HC, two each for Calcutta HC and Kerala HC, and one for Karnataka HC. Why Kathleen Folbigg, woman who spent 20 yrs in prison for killing her four babies, has now been pardoned 101 million Indians are likely diabetic: Why the silent-killing disease is on an alarming rise Two recommendations, including Santosh Govind Chapalgaonkar and Milind Manohar Sathaye as Bombay High Court judges, have been accepted, the law minister informed on Twitter. As per the provisions under the Constitution of India, the following Advocates are appointed as Additional Judges of Bombay High Court. My best wishes to them. — Kiren...

Introduction The Collegium System was introduced in response to the executive interference in judicial appointments. However, this system has failed to protect judicial appointments from executive interference. It is due to the reasons like Post-retirement appointments of judges. At present, the collegium comprises of CJI (Chief Justice of India) and 4 senior-most judges of the Supreme Court. Despite various criticisms and attempts to reform the appointments and transfers process, the collegium system still persists and remains stronger. Current Scenario • The appointments of the judges are formally made by the President of India on the recommendation of the collegium. These proposals are processed through the Ministry of Law and Justice. • The system was recently in the news as two judges of collegium expressed caution to CJI. These two judges were against the proposed elevation of 22 lawyers as High Court judges in Bombay. They felt that the proposed people were lacking in integrity and shouldn’t be appointed. • In the past also the CJI had ignored the veto of senior Judges and appointed a judge. L ater on, that judge went ahead and delivered an absurd verdict on the POCSO (Protection of Children from Sexual Offences) Act. (As per which skin-to-skin contact is necessary for convicting an individual for sexual harassment under the act.) About Collegium System • It is the system by which the judges are appointed and transferred only by the judges. • This system is not form...

• The Collegium System is a system under which appointments/elevation of judges/lawyers to Supreme Court and transfers of judges of High Courts and Apex Court are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.’ There is no mention of the Collegium either in the original Constitution of India or in successive amendments. • How collegium system was born? • First judges case (1982): The court held that consultation does not mean concurrence and it only implies exchange of views • Second judges case (1993): The court reversed its earlier ruling changed the meaning of the word consultation to concurrence. Hence, it ruled that the advice tendered by the CJI is binding on the President in matters of appointment of SC judges. But any such advice would be tendered after CJI consults with two of his most senior-judges. It was also decided in the case that President should appoint the senior-most judge in the SC as the CJI. • Third judges case (1998): The consultation process to be employed should be based on plurality of judges. He should consult a collegium of four senior-most judges before making a recommendation to the President and even if two judges give an adverse opinion, he should not send the recommendation to the President Related Posts Tags

TABLE OF CONTENTS Introduction History of the Collegium System in India Evolution and Working of the Collegium System in India Transparency and Accountability in the Collegium System Ongoing Conflict between the Executive and Judiciary regarding the Collegium System Criticism of the Collegium System in India Conclusion Introduction The Appointment of Judges of the Supreme Court and the High Court and the transfer of judges from one High Court to another is made in accordance with Articles 124, 217 and 222 of the Constitution of India. Earlier, the appointment of judges was made by the President in consultation with the Chief Justice and other judges. The collegium system is a significant facet of the Indian judiciary that has undergone gradual development to guarantee transparency and maintain the autonomy of the judiciary. The judiciary has established this system, which provides a structured method for the appointment and relocation of judges in superior courts. The collegium system seeks to preserve the independence of the judiciary from the executive branch by endowing judges with substantial influence in the appointment process. This article will delve into the history of Collegium System in India and then talk about the current situation, conflicts and criticisms about the system of appointment of judges in India. History of the Collegium System in India The origin of the collegium system can be traced back to the verdict of the Supreme Court in the case of First Jud...

The Supreme Court of India was inaugurated on January 28, 1950. It succeeded the Federal Court of India which was established under the Government of India Act, 1935. Article 124 to 147 in Part V of the Indian Constitution envisages the powers, independence and jurisdiction of the Supreme Court. The maximum strength of the Supreme Court can be 31 judges (one Chief Justice and 30 other judges) while currently there are just 27 judges (including Chief Justice) working in the Supreme Court and 4 posts are vacant. What is the Collegium System? The Collegium System is a system under which appointments/elevation of judges/lawyers to Supreme Court and transfers of judges of High Courts and Apex Court are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.' There is no mention of the Collegium either in the original Constitution of India or in successive amendments. The Collegiums System of appointment of judges was born through “ three judges case” which interpreted constitutional articles on October 28, 1998. The recommendations of the Collegium are binding on the Central Government; if the Collegium sends the names of the judges/lawyers to the government for the second time. The collegium of the Supreme Court judges is comprises of 5 senior most judges of Suprme Court. Currently the Collegium of the Supreme Court is consists of; 1. Hon'ble Mr. Justice Ranjan Gogoi (CJI) 2. Hon'ble Mr. Justice Sharad Arvind Bobde 3. Hon'ble Mr. ...

Table of Contents • • • • • • • • • The Collegium system in India Supreme Court the court which owns the title of the worlds’ most Powerful Court, has been renowned because of its power and status. During 1990s, Supreme Court has been convened in the primacy of Collegium System for the process of Judicial appointments which has led to the expansion of the Judicial Review Powers . Collegium system is a system which is being followed in India for the appointment of Judges in the courts. This is a system in which beside the Chief Justice of India, four other senior-most judges are present whose work is to appoint the judges of both High Court and Supreme Court. Also, they handle the work which is required in the transfer of Chief Justices and of Judges of High Court and Supreme Court. In short, their main role is the appointment of Judges in courts. Since according to our Constitution, it can be seen that Constitution sees a difference between the powers these three bodies which are Executive, Legislative and Judiciary, therefore Collegium System was adopted with this intention only that in the matters of Judiciary while appointing the Judges, there is no intrusion from both Executive and Legislative. Doctrine of Separation of Power which was enhanced by Montesquieu with this idea that the three main pillars of the Democracy have their own separate role and powers, though they together make the base of our democracy but they themselves cannot be compared together in terms...