Collegium System for the Appointment of Judges

Collegium System for the Appointment of Judges UPSC

Context

President of India signed the warrants of appointment of nine judges, including three women, to the Supreme Court, taking its total strength to 33 judges, one short of full strength.
These names were recommended by the Supreme Court Collegium System, headed by the Chief Justice of India (CJI).

It is the system of appointment and transfer of judges of High Courts and Supreme Court that has evolved through various judgments of the Supreme Court.
Collegium System has neither any legislative backing nor any particular constitutional provision dealing with the collegium system of appointment.

For the appointment of the SC judges: The SC collegium is headed by the CJI and comprises four other senior-most judges of the court.
- The Collegium sends the recommendation to the union law minister, who forwards it to the Prime Minister to advise the President.
For the appointment of the high court judges: An HC collegium is led by its Chief Justice of High Court and four other senior-most judges of that court.
- Names recommended for appointment by an HC collegium reach the government only after approval by the CJI and the two most senior judges of the Supreme Court.
- The recommendation of the collegium is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Government’s role in appointment:
- It can direct Intelligence Bureau (IB) to conduct an inquiry into the names recommended by the Collegium.
- The government can return the recommended Judge for reconsideration by Collegium. If the collegium reiterates its recommendation, then the government is mandated to appoint a person.

First Judges Case (1981): SC said consultation under Article 124 doesn’t mean concurrence (unanimity). This judgment provided the freedom to the President to ignore the advice of the CJI.
Second Judges Case (1993): SC overruled its previous decision and said CJI’s advice is binding.
- Introduction of Collegium System: CJI is required to formulate its advice based on a collegium of judges consisting of CJI and two senior-most SC judges.
Third Judges Case (1998): expanded the collegium to a five-member body to include the CJI and the four senior-most judges of the SC.
Fourth Judges Case (2015): The SC upheld the primacy of the collegium while striking down the NJAC (National Judicial Appointments Commission) Act as unconstitutional.
- SC held that the Act encroached upon the judiciary’s independence and undermined the basic structure.