Why no decision on list sent by Collegium, SC asks government (The Hindu,, GS-2)

What is Collegium:

Article 124(2) of the Indian Constitution provides that the Judges of the Supreme Court are appointed by the President after consultation with such a number of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose. 

  • “After consultation” word came into dispute and was resolved through supreme court judgments.

 

Evolution of the collegium System:

  • First Judges Case (1981):
    • the ruling gave the Executive primacy over the Judiciary in judicial appointments. It meant concurrence of the executive with supreme court recommendation was not necessary. 
  • Second Judges Case (1993):
    • SC said “consultation” meant “concurrence”.
    • Consultation was not the CJI’s individual opinion but with the two senior-most judges in the SC
  • Third Judges Case (1998):
    • expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
  • This system is currently going on.
  • 99th constitutional amendment act also known as NJAC act was made null and void by supreme court currently talks over Memorandum of procedure  (MOP) is going on.

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