May 21, 2022
Today we have picked the topic "Supreme Court Judges Appointment" in our Daily edition of Current Affairs. We will talk about its relevance to the UPSC CSE syllabus and share some useful insights that will help you ace your UPSC Preparation.
For Prelims: Indian Polity and Governance - Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.
For Mains: Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government.
Recently, the Gauhati High Court Chief Justice Sudhanshu Dhulia and Gujarat High Court Judge Justice Jamshed Burjor Pardiwala were appointed as Supreme Court judges.
Discuss the efficacy of Collegium System in appointment of judges of the Supreme Court.
Enhance your UPSC CSE preparation with our Daily Current Affairs video by Vishakah Dagur, our Current Affairs faculty:
It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution.
The Supreme Court collegium is headed by the Chief Justice of India and comprises four other senior-most judges of the court.
A High Court collegium is led by its Chief Justice and four other senior-most judges of that court. Names recommended for appointment by a High Court collegium reach the government only after approval by the CJI and the Supreme Court collegium.
Evolution of Collegium System:
The collegium system has its genesis in a series of judgments called “Judges Cases”. The collegium came into being through interpretations of pertinent constitutional provisions by the Supreme Court in the Judge’s Cases.
First Judges Case (1981): It declared that the “primacy” of the CJI’s recommendation on judicial appointments and transfers can be refused for “cogent reasons.” The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years.
The Second Judges Case (1993): It 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 Supreme Court.
Third Judges Case (1998): On a Presidential Reference the Supreme Court expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
Judges of the higher judiciary are appointed only through the collegium system and the government has a role only after names have been decided by the collegium.
|Constitutional Provisions: |
Appointment of JudgesJudges of the Supreme Court and High Courts are appointed by the President under Articles 124(2) and 217 of the Constitution.
The President is required to hold consultations with such of the judges of the Supreme Court and of the High Courts as he may deem necessary.
Article 217: Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
News Source: The Hindu
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