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What is the collegium system for the appointment of judges to the Supreme Court of India?

Posted on November 16, 2022 by Author

Table of Contents

  • 1 What is the collegium system for the appointment of judges to the Supreme Court of India?
  • 2 What is the collegium system of appointment of judges?
  • 3 What is Njac and collegium system?
  • 4 What is collegium system of appointment and transfer of judges?
  • 5 Who is the head of a High Court collegium?

What is the collegium system for the appointment of judges to the Supreme Court of India?

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.

What is the collegium system of appointment of judges?

Collegium System: 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. The SC collegium is headed by the CJI and comprises four other senior most judges of the court.

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What is difference between Collegium for the Supreme Court and the High 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.

What is the collegium of Supreme Court?

As per the constitution, as held by the court in the Three Judges Cases – (1982, 1993, 1998), a judge is appointed to the Supreme Court by the president on the recommendation of the collegium — a closed group of the Chief Justice of India, the four most senior judges of the court and the senior-most judge hailing from …

What is Njac and collegium system?

The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Khehar, Madan Lokur, Kurian Joseph and Adarsh Kumar Goel had declared the 99th Amendment and NJAC Act unconstitutional while Justice Jasti Chelameswar upheld it.

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What is collegium system of appointment and transfer of judges?

The collegium system of appointment and transfer of judges of higher courts is followed in India. This system is widely referred as judge-selecting-judge. The system came into force after the Three Judges Case in 1993 by Supreme Court and not through any act or regulation by Parliament.

What is the difference between the Supreme Court collegium and High Court?

The Supreme Court Collegium is headed by the Chief Justice of India and comprises 4 other senior-most judges of SC. A High Court collegium is headed by its Chief Justice and 4 other senior-most judges of that court.

What is collegium system of the judiciary?

But the collegium is a concept that has evolved from the judiciary for the judiciary itself. Law Commission’s Report iterates that the Collegium System is an organisation inflicted with rampant nepotism and personal patronage. That a favour is done in exchange of a favour and inevitably, a judge’s son ends up becoming a judge.

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Who is the head of a High Court collegium?

A High Court collegium is headed by its Chief Justice and 4 other senior-most judges of that court. Names recommended for appointment by a High Court collegium reaches the government only after approval by the CJI and the Supreme Court collegium.

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