Polity & Governance

SC collegium gets two new members

Table of Contents

Context
With the retirement of Justices KM Joseph and Ajay Rastogi, the five-judge Collegium of the Supreme Court headed by the Chief Justice of India DY Chandrachud will now have Justices BR Gavai and Surya Kant as its new members.
About
  • It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.
  • It has no place in the Indian Constitution.
  • They will consider the:
    • elevation of Chief Justices/Judges of High Court to Supreme Court
    • elevation of Judges of High Courts as Chief Justices
    • elevation of Judges
  • In case of difference of opinion, the majority view will prevail.
  • Since Constitution mandates consultation with the Chief Justice of India is necessary for appointments to judiciary, the collegium model evolved.
High Court’s Collegium System
  • Like the Supreme Court, the high courts, too, have a Collegium, headed by the chief justice of the high court and two senior-most judges as members.
  • The high court Collegium sends its judicial appointments recommendation only to the Supreme Court Collegium.
 What does the Constitution actually prescribe?
  • Article 124 deals with the appointment of Supreme Court judges.
    • It says the appointment should be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all appointments, except his or her own.
  • Article 217 deals with the appointment of High Court judges.
    • It says a judge should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted.
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