Context:
The Supreme Court Collegium has recommended appointments of new judges to the Kerala and Karnataka High Courts, with a notable representation of women advocates and judicial officers. These recommendations are part of the ongoing judicial appointment process in higher judiciary.
- Collegium system is the mechanism for appointment and transfer of judges in the higher judiciary (Supreme Court and High Courts).
- It is not mentioned in the Constitution but evolved through Supreme Court judgments (Second Judges Case, 1993; Third Judges Case, 1998).
- Supreme Court Collegium comprises the Chief Justice of India (CJI) and four senior-most Supreme Court judges.
- High Court Collegium consists of the Chief Justice of the High Court and two senior-most judges of that High Court.
- Their recommendations are then reviewed by the Supreme Court Collegium (CJI + 4 senior-most judges) before final appointment by the President of India under Article 217.
- Articles 124 and 217 of the Constitution deal with appointment of Supreme Court and High Court judges respectively.
- Judges of High Courts are appointed by the President in consultation with the CJI, Governor of the State, and Chief Justice of the concerned High Court.
- Collegium recommends names, which are sent to the Government for approval; the executive can seek reconsideration once.
- If the Collegium reiterates the recommendation, the government is bound to accept it.
- National Judicial Appointments Commission (NJAC) Act, 2014 sought to replace the Collegium but was struck down by the Supreme Court in 2015 as unconstitutional.
- Increasing representation of women in judiciary is seen as a positive step toward diversity and inclusivity.
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