Judicial Appointment Contraversy
11, May 2019
Prelims level : Polity and Governance Mains level : GS-II Governance, Polity, Social Justice and IR
Why in News:
- Supreme Court Collegium, led by Chief Justice of India Ranjan Gogoi, recommended the names of two judges to the court and rejected the government’s disapproval of the elevation of two others.
- Collegium refused the government’s request to reconsider its April 12 recommendation to elevate Jharkhand High Court and Gauhati High Court Chief Justices Aniruddha Bose and
- S. Bopanna as Supreme Court judges.
- The Collegium said their names were recommended after all parameters were The Collegium said there was no reason to agree with the government as there was
- nothing adverse found in the two judges’ conduct, competence or integrity. Now, the government is bound to appoint Justices Bose and Bopanna to the court.
What is the Collegium System?
- The Collegium System is a system under which appointments/elevation of judges/lawyers to Supreme Court and transfers of judges of High Courts and Apex Court are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.’ There is no mention of the Collegium either in the original Constitution of India or in successive
- The recommendations of the Collegium are binding on the Central Government; if the Collegium sends the names of the judges/lawyers to the government for the second
How Collegium System Works?
- The Collegium sends the recommendations of the names of lawyers or judges to the Central Government. Similarly, the Central Government also sends some of its proposed names to the Collegium. The Central Government does the fact checking and investigate the names and resends the file to the Collegium.
- Collegium considers the names or suggestions made by the Central Government and resends the file to the government for final approval. If the Collegium resends the same name again then the government has to give its assent to the names. But time limit is not fixed to reply. This is the reason that appointment of judges takes a long time.