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Collegium System for Judicial Appointments Explained

26 March 20251 min read
NATIONAL AFFAIRSCollegium Systemfor JudicialAppointmentsExplained26 March 2025safalsetu.com

Why in the news

Half-burnt currency notes were recovered on March 14 at the official residence of High Court judge Justice Yashwant Varma. Rajya Sabha Chairman and Vice-President Jagdeep Dhankhar then held a meeting of floor leaders, fuelling talk of Parliament stepping into judicial appointments.

Key facts

  • The collegium selects and transfers judges of the Supreme Court and High Courts.
  • Supreme Court collegium: CJI plus four senior-most judges; High Court collegium: its Chief Justice plus two senior-most judges.
CaseYearOutcome
First Judges Case1981Government could reject the CJI’s recommendation for strong reasons; executive dominated for 12 years
Second Judges Case1993“Consultation” meant collective view of top judges, not one person; collegium idea began
Third Judges Case1998Collegium enlarged to five members

How appointments work

  • CJI: outgoing CJI recommends a successor, usually by seniority; the President appoints.
  • Other Supreme Court judges: CJI and four seniors agree on names, which go to the Law Minister, the Prime Minister and then the President.
  • High Court Chief Justices: usually from outside the home State; the proposal moves from the outgoing Chief Justice and seniors to the Chief Minister, the Governor and the Union Law Minister.

Concerns

  • Secrecy: no public records of why names are picked or rejected.
  • Risk of nepotism, since there are no fixed criteria.
  • Lack of checks and balances over judicial power.
  • Poor representation of women and diverse groups.

Reform attempt

  • The National Judicial Appointments Commission (NJAC) in 2014 sought a transparent, balanced process involving non-judges.
  • The Supreme Court struck it down in 2015 as a threat to judicial independence and separation of powers.

Exam angle

  • NJAC came through the 99th Constitutional Amendment Act.
  • The 39th Amendment (1975) concerned election disputes of top offices, not the NJAC.
  • Sample mains question: critically examine the NJAC Act, 2014 judgment.

Test yourself

1. Under the Third Judges Case (1998), the Supreme Court collegium consists of the CJI and how many senior-most judges?

The collegium was enlarged to five: the CJI and the four senior-most judges.

2. Which Constitutional Amendment Act provided for the National Judicial Appointments Commission, later struck down?

The 99th Amendment Act provided for the NJAC; the Supreme Court struck it down in 2015.

3. Which Judges Case held that 'consultation' with the CJI meant the collective view of the top judges?

The Second Judges Case in 1993 began the idea of a collegium.