Role of Collegium in Judges’ elevation

In a recent judgment, the Supreme Court highlighted the role of Collegium in Judges’ elevation must be done collectively by the High Court Collegium.

• It emphasized that the High Court Chief Justice cannot individually reconsider recommendations for judge appointments.

About Collegium System in India:

• The collegium system is a mechanism for recommending the appointment and transfer of judges within India’s judicial system.
• Unlike many aspects of the Indian legal framework, the collegium system is not explicitly detailed in the Constitution but has evolved through a series of Supreme Court judgments.
• The system’s primary function is to ensure the independence of the judiciary by involving senior judges in the selection process.

Composition:

• Supreme Court Collegium: This body is composed of the Chief Justice of India (CJI) and the four other senior-most judges of the Supreme Court.
• High Court Collegium: This collegium includes the Chief Justice of the respective High Court and the two senior-most judges of that High Court.

Role and Function

• The collegium is responsible for recommending appointments and transfers of judges to the Supreme Court and High Courts.
• The government has the right to object to the collegium’s recommendations. However, if the collegium reiterates its recommendation, the government is obliged to appoint the judges.

Judicial Interpretation

• The collegium system was established through the Supreme Court’s judgments in the Second Judges Case (1993) and the Third Judges Case (1998).
• These cases addressed the need for a more structured method to ensure judicial appointments are made impartially.
• Although the collegium system is not constitutionally enshrined, it has been upheld by the Supreme Court as the preferred mechanism for judicial appointments.
• The court has also rejected pleas to review its decision on the system, reaffirming its role in the appointment process.

Judicial Review

• Judicial review is the power of the judiciary to examine the constitutional validity of legislative actions and executive orders, ensuring they comply with the Constitution.
• The Supreme Court clarified that the content of the consultation process is beyond judicial review, the effectiveness of the consultation process is subject to judicial scrutiny.
• This means that while the court will not delve into the reasons for recommendations, it can ensure that the consultation was conducted properly and collectively.
• The High Court Chief Justice cannot individually reconsider recommendations for judge appointments, such reconsideration must be done collectively by the High Court Collegium.
• This ruling underscore the importance of collective decision-making within the collegium system to maintain procedural integrity.

Significance of Collegium System:

• The collegium system emphasizes collective decision-making to safeguard judicial independence and ensure a broad-based review of potential candidates.
• The government is required to appoint judges if the collegium reiterates its recommendations after an objection.
• The system aims to prevent undue influence from the executive branch and ensure that appointments are based on merit and seniority.
• While transparency is crucial for accountability, the system also requires a balance with confidentiality to protect sensitive information regarding judicial appointments.

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