What is a Collegium System and How Did It Evolve?
About:
It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.
Evolution of the System:
First Judges Case (1981):
It declared that the “primacy” of the CJI’s (Chief Justice of India) 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.
Second Judges Case (1993):
SC 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 SC.
Third Judges Case (1998):
SC on the President's reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
Who Heads the Collegium System?
The SC collegium is headed by the CJI (Chief Justice of India) and comprises four other senior most judges of the court.
A High Court collegium is led by the incumbent Chief Justice and two other senior most judges of that court.
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.
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Collegium system kya hai?
Collegium system kaise kaam krta hai ?
Koun koun Bharti ke CJI ko appoint Kate hai?
Collegium system for upsc
What is collegium system for upsc
