SUB THEME: Judicial Appointments

TITLE: Appointment of Judges, the Collegium System and the National Judicial Appointments Commission Bill.

Abstract

The provisions of Union Judiciary and the State Judiciary in the Indian Constitution play a vital

role in judicial appointments. Before framing Indian Constitution, our Country had a

‘Consultative process’ between Executive and Judiciary for the appointment of Judges. After

framing the Constitution, the practice was followed for the first forty Years with few

controversial episodes. But, hereafter the Supreme Court of India gave away the Consultative

process after the second Judges Case, 1993 and came with the new implementation of

“Collegium” for the appointment of Judges. The Collegium system, the Chief Justice and Two

senior Judges of Supreme Court play a crucial role in the appointment and recommendation of a

judge. But the recent study revealed about the incompetency and irregularity of Collegium

system and the Law Commission of India also submitted its 214th report towards the concern for

working and reconsideration of the Collegium system.

The governments don’t have any power or authority in the appointment of judges, but the entire

power vests in the hands of Collegium and Chief Justice of India and the government have to

accept the system of Collegium without any alternative. There has been a subject of debate and

controversy in the selection and appointment of High Court and Supreme Court Judges. The

senior most Judge of a Supreme Court shall be “Chief Justice of India” appointed by President

of India. By interpreting the Constitutional provision of Article 124, Judges of Supreme Court

shall be appointed by the President with the consultation of Senior Judges of Supreme Court and

High Court in the Respective states if president deem necessary in case of the appointment of a

judge other than the Chief Justice, but the Chief Justice of India is always be consulted.

By interpreting the Constitutional provision of Article 217 of clause (1), the procedure for

appointments of a High Court is slightly different from the Supreme Court. The Chief Justice of

High Court shall be appointed by president with the consultation of Chief Justice of India and

the Governor of respective state. Every Judge of a High Court is appointed by the President after

Consultation of Chief Justice of India, Chief Justice of particular state and Governor of

respective State, other chief Justice.

The system of Collegium in appointing Judges to the Supreme Court and High Court is said to

become history with Congress in deciding to the support of NDA’s proposed law on Judges

Appointments and created a new bill of National Judicial Appointments Commission for the

Appointments of Judges. The safeguards which are necessary to prevent bias in selecting judges,

one was to prevent unmeritorious candidates being appointed on political or other improper will

continue to be the rule.

Category: K41

Keywords: Constitution, Judiciary, State, Supreme Court, Judge, Appointment.