Collegium System of Judicial Appointments

Why in News?

The Supreme Court Collegium, led by CJI B.R. Gavai has recommended the elevation of Bombay High Court Chief Justice Alok Aradhe and Patna High Court Chief Justice Vipul Manubhai Pancholi as judges of the Supreme Court.

Description:

• System for appointment and transfer of judges in the Supreme Court and High Courts.
• Not in the Constitution – it evolved through Supreme Court judgments.
• Supreme Court Collegium: Chief Justice of India (CJI) + 4 senior-most SC judges.
• High Court Collegium: Chief Justice of the HC + 2 senior-most judges of that HC.

The government can seek clarifications, but if Collegium reiterates a name, the government is bound to appoint.

Constitutional Provisions:

• Article 124: SC judges appointed by President after consultation; CJI must be consulted.
• Article 217: HC judges appointed by President after consultation with CJI, Governor of the state, and Chief Justice of the HC concerned.

Evolution of Collegium System (Judge Cases):

1. First Judges Case (S.P. Gupta v. UoI, 1981): “Consultation” ≠ “Concurrence” → President has primacy.
2. Second Judges Case (SC Advocates-On-Record Assn. v. UoI, 1993):
   1. Overruled First Case.
   1. “Consultation” = “Concurrence” → CJI’s advice (with 2 senior-most judges) binding.
3. Third Judges Case (1998 Presidential Reference):
   1. Expanded collegium → CJI + 4 senior-most judges.
   1. If 2 judges dissent, name not recommended.

NJAC (National Judicial Appointments Commission) Act, 2014:

• Aimed to replace Collegium.
• Struck down by SC Constitution Bench (2015) as unconstitutional – violative of judicial independence.

Attempts to Reform:

• Memorandum of Procedure (MoP) – 1999 rules for judicial appointments.
• Revised MoP (2017) – suggested more transparency; not fully adopted.
• 99th Constitutional Amendment, 2014 (NJAC) – struck down by SC.
•  “Consultation → Concurrence → Collegium” (1981 → 1993 → 1998).

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