Why in the news?
The collegium system highly accused of its procedural opacity is gaining transparency in the recent times
Supreme Court (SC) Collegium system's recent change resulting in transparency:
Three aspects are considered for appointment to the Supreme court
1. Seniority of judges in their respective parent High Courts (HCs) + overall seniority of the HC judges.
2. Merit, performance and integrity of the judges.
· The Centre for Research & Planning - Prepares a compilation of relevant background material to assist the collegium.
· Judgment Evaluation Committee - The judicial work of judges are objectively assessed and graded. Also distributed to the members of collegium well in advance to help in decision making.
3. Diversity and Inclusion in the Supreme Court on the basis of representation of
· HCs in the SC
· Persons from marginalized and backward sections of the society.
· Gender diversity
■ Recently, Allahabad HC Justice Sunita Agarwal was appointed as the Chief Justice of Gujarat HC. This highlights SC's move towards gender diversity as she will be the only woman Chief Justice of a High court in the country.
· Minorities
About:
Appointment of Judges:
● Article 124 - The judges of the Supreme court are appointed by the President in consultation with
○ Such judges of Supreme court and High court, in the case of appointment of the Chief Justice
○ The Chief Justice and other judges of SC and HC in the appointment of other judges of the SC.
Evolution of Collegium System:
The word 'Consultation' of the President became controversial due to differing interpretations. This gave birth to certain important judgments.
1. First Judges case (1982)
a) The SC held that consultation does not mean concurrence and it only implies exchange of views.
2. Second Judges case (1993)
a) SC reversed its near ruling and stated that advice rendered by the Chief Justice of India (CJI) is binding on the president in matters of appointment of judges of SC.
b) However, the CJI has to consult two of his senior most colleagues in the matter of appointment.
c) Here, Consultation was equated with concurrence.
3. Third Judges Case (1998)
a) Consultation by CGI requires consultation of 'plurality of judges, constituting a collegium
b) Collegium Composition:
· Four senior most judges of the SC - For elevation of Judges from HC to SC
· CJI + 2 Senior most judges of SC + CJI of HC - for elevation of judges from lower courts to HCs.
· CJI + 4 senior most judges of SC + 2 CJI of HC
4. Fourth Judges Case(2015)
a) National Judicial Appointments Commission Act, 2014 replaced the collegium system through 99th CAA, 2014.
b) The amendment was held unconstitutional by the SC on the grounds of violation of 'independence of the judiciary' and the principle of 'separation of powers', since the Union Minister of Law and Justice constituted a member of NJAC.
Bringing in the much-needed transparency in the Collegium system shall ensure the right balance between Independence of the judiciary and Judicial accountability.
