What role is played by the collegium system in the appointment of judges?

What role is played by the collegium system in the appointment of judges?

The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation. High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.

Which system is used for the appointment of judges?

Thus, the Collegium system was created as a result of the “three judges case” and has been in use since 1998 and is used in the High Courts and Supreme Courts to appoint and transfer judges. The Collegium is not mentioned in either the original Indian Constitution or subsequent revisions.

Is collegium system 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 are the limitations of judicial control over administration?

The effectiveness of judicial control over administration is limited by many factors. Some of these limitations are: a) Unmanageable volume of work: the judiciary is not able to cope up with the volume of work. In a year the courts are able to deal with only a fraction of cases brought before it.

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.

Under what conditions can additional and acting judges be appointed?

(1) If by reason of any temporary increase in the business of a High Court or by reason of arrears of work therein, it appears to the President that the number of the Judges of that Court should be for the time being increased, the President may appoint duly qualified persons to be additional Judges of the Court for …

What is the work of collegium?

The purpose of the collegium system is to ensure that the opinion of the Chief Justice of India (CJI) is not his individual opinion, but the one formed collectively by a body of judges of the highest integrity in the judiciary.

Which of the following cases brought in the concept of collegium for appointment of judges?

The Third Judges Case of 1998 is not a case but an opinion delivered by the Supreme Court of India responding to a question of law regarding the collegium system, raised by then President of India K. R. Narayanan, in July 1998 under his constitutional powers.

What is collegium system of appointment of Supreme Court judges?

4 senior-most judges of the Supreme court along with the judges of the two High Courts in concern. In the verdict, the Supreme Court laid down strict guidelines for the appointment of Judges of the Supreme Court and high courts which is currently known as the Collegium System.

How has the Supreme Court collegium evolved over time?

The system has evolved by means of the judgments of the Supreme Court, and not by an Act of Parliament or by a Constitutional provision. The Supreme Court Collegium is headed by the Chief Justice of India and comprises 4 other senior-most judges of SC.

What are the problems faced by Collegium?

Inefficient: Collegium has not been able to prevent the increasing cases of vacancies of judges and cases in courts. Seniority amongst Judges in their High Courts and on all India basis is significant and should be given due consideration while making appointments from amongst High Court Judges to the Supreme Court.

Is there a constitutional provision for the appointment of judges?

This Research Paper traces back to how this system came into place, as there is no constitutional provision (s) with regard to the appointment of judges vis-a-vis the collegium system, by going into the details of the famous ‘three judge cases’.