26 Mar 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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