It is the mechanism being used to appoint and elevate Supreme Court and High Court judges. The collegium system has evolved as a byproduct of Supreme Court rulings.
The four senior-most judges of the Supreme Court, forms the Supreme Court collegium, which is led by the Chief Justice of India. The Chief Justice and the four senior-most judges of the High Court serve as a High Court collegium. Names recommended for appointment by High Court collegium reach the government after approval by the Chief Justice of IndiaI and the Supreme Court collegium. The power of administration is restricted to voice its disapproval and ask for further information about the collegium’s decision.
Evolution of Collegium System
The Supreme Court’s “Judges Cases,” gave rise to the collegium system.
- (a) First Judges Case: In S.P Gupta vs Union of India, 1981, stated that “cogent reasons” could be given for refusing the “primacy” of the CJI’s recommendation on judge appointments and transfers.
Second Judges Case: In The Supreme Court Advocates-on-Record Association vs Union of India, 1993, this judgment overturned the ‘first judges case’ and established ‘collegium system’. [rjs online coaching]
- (b) Third Judges Case: The Collegium was enlarged to a five-member panel by the Supreme Court on the President’s reference (Article 143), which included the Chief Justice of India and four of his most senior colleagues.
