What is Collegium in Supreme Court?

What is Collegium in Supreme Court?

The Collegium of the Supreme Court consists of 5 senior most Judges including the Chief Justice of India. They will consider the elevation of Chief Justices/Judges of High Court to Supreme Court, elevation of Judges of High Courts as Chief Justices and elevation of Judges.

Do you agree with the view that collegium system requires reconsideration?

Conclusion: Conclude that the subjectivity and the inconsistency of the collegium system highlight the need to relook at the process of appointment of judges. The NJAC should be amended to make sure that the judiciary retains independence in its decisions and re-introduced in some form or the other.

What is second judges case?

The Second Judges’ Case, i.e. Supreme Court Advocates on Record, was decided in October 1993, in far less authoritarian times. It was the minority government of Narasimha Rao which was in power. Now again by a majority, the court rewrote the Constitution.

Which case is popularly known as the judges Transfer Case?

S. P. Gupta v. Union of India – 1981 (also known as the Judges’ Transfer case) Supreme Court Advocates-on Record Association vs Union of India – 1993.

What is Collegium system in Indian judiciary?

It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.

Is collegium decision binding on president?

The recommendation of such a Collegium system should be binding on the President though he can say for reconsideration on certain grounds.

What is Collegium body?

Are collegium recommendations binding?

According to the Memorandum of Procedure, once reiterated by the Collegium, the Centre is bound to make the appointment which makes the reiteration of 12 recommendations significant. The Centre can sit on these names indefinitely despite the court having underlined the importance of time limits to this process.

Is Collegium recommendation binding on president?

In what is known as the “First Judges case”, the Supreme Court decided in 1981 that the President is not bound by the recommendation of the Chief Justice. It must be noted that the collegium system doesn’t find any mention in the Constitution and is something that is a result of Supreme Court judgments.

Which case brought the concept of collegium system in India for the first time?

The Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”. It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.