AMBITION LAW

AMBITION LAW INSTITUTE

INSTITUTE
CONSTITUTION OF INDIA
SUBJECTIVE TEST-14 (MODEL ANS.)

Qs. How has the collegium system evolved in India? Throw the light on the process of appointment of Judges in
India with the help of relevant case laws.
Ans. Appointment of judges-
Every Judge of the Supreme Court is appointed by the President of India. In the appointment of the Chief
Justice of India , the President shall consult such judges of the Supreme court and High Court as he thinks
fit. In case of an appointment of a judge other than the Chief justice of India shall always be consulted.
Apart from the procedure established in article 124(2) , the collegium system was introduced to appoint the
Supreme court judges. In this system ,President after consultation and advice of Chief Justice of India can
appoint a Supreme court judge under his seal and signature.
Evolution of the collegium SYSTEM-
In the first judges case, S.P Gupta vs. Union of India, AIR 1982 SC 149, the Supreme court held that
‘consultation’ is not mere formality and it must be opposed only if there is any strong ground. But the
Supreme court clearly reiterated that consultation is mere opinion and not binding in nature.
In the second judges case, Supreme Court Advocates-on-record Association vs. Union of India, (1993) 4 SCC
441, the Supreme court held that consultation is not a mere formality but a concurrence (binding). So, it
means President is bound by consultation of Chief Justice of India. The court for the first time introduced
collegium system i.e. (College of judges + Chief Justice of India). Number of members in collegium=(Chief
justice of India+2 other Senior most judges).
In the third Judges case, Re presidential reference (1998) , in this case court clarified that the term consultation
is not the sole opinion of Chief justice of India. And court extended the membersof collegium (3 to 5) i.e.
Chief justice of India + 4 other Supreme court Judges. The opinion of all the members of collegium must be
in writing and the recommendations for appointment must go with a unanimous decision. If two members
of the collegium holds a strong view with good reasons against the appointment then Chief justice of India
must not emphasize on majority opinion. Chief justice of India must ascertain the views of Chief justice of
High court from where the judge has been recommended.
Therefore, after 3 judges case , the government finally in the year 2014, by 99th amendment act brought
NATIONAL JUDICIAL APPOINTMENT COMMISSION(NJAC) under 124-A , comprising of the Chief
justice of India ,two senior judges, the law minister of Union, “two eminent personalities” selected by the
Prime minister, Leader of opposition.
In the year 2015, it was held in Supreme court Advocates on Record Association vs. Union of India, that
judicial primacy is the basic structure of the constitution in the appointment in judiciary is itself a part of
basic structure. Therefore, NJAC was strike down by the Supreme court .But article 124-A is still there
,because the parliament has yet not repealed /omitted .

_____________

OUR WEBSITE ambitionlawinstitute.com BUY BEST BARE ACTs. Ambitionpublications.com WE ARE ALSO ON