For A Full Bench: On Recommendations For Judicial Appointments
11, May 2019
Prelims level : Polity & Governance Mains level : Governance, Constitution, Polity, Social Justice and International Relations
Why in News:
- The government and the Supreme Court collegiums disagree on recommendations for judicial appointments.
- The latest concerns Jharkhand High Court Chief Justice Aniruddha Bose and Gauhati High Court Chief Justice A.S. Bopanna, who were recommended for elevation to the Supreme
- The government had sought a reconsideration of the two names.
- The collegium has now repeated its recommendations, emphasising that there is nothing adverse against the two judges in terms of their “conduct, competence and integrity” and that there is no reason to agree with the government. Under the present procedure, the government is now bound to accept the
- The Supreme Court is keen to fill up the current
- It has also recommended two more judges, Justice B.R. Gavai of the Bombay High Court and Chief Justice Surya Kant of the Himachal Pradesh High Court, for appointment to the apex court. If all these four recommendations go through, the court will have its full complement of 31
- The filling up of vacancies is a continuous and collaborative process involving the executive and the judiciary, and there cannot be a time frame for
- It is time to think of a permanent, independent body to institutionalise the process.
- Collegium system in India is the system by which the judges are appointed by the judges
- only also referred to as “Judges- selecting- Judges”.
- It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution.
- The Supreme Court collegium is headed by the Chief Justice of India and comprises four other senior most judges of the A High Court collegium is led by its Chief Justice and four 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
- The government is bound to appoint a person as a Supreme Court judge if the collegium reiterates its recommendation.