Concerns over the collegium system, Pg10

Key Highlights:

• Former Supreme Court Justice Sanjay Kaul expressed concern that ex-CJI D.Y. Chandrachud may have sought the Union Government's 'pre-approval' for judicial appointments before collegium meetings.
• This alleged practice is seen as undermining the judiciary's autonomy and independence.
• The collegium system, established in 1993, is responsible for appointing judges to the higher judiciary in India.
• The National Judicial Appointments Commission (NJAC), introduced by the 99th Constitutional Amendment in 2014, was struck down by the Supreme Court in 2015.

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Detailed Insights:

• Article 124 and Article 217 of the Constitution mandate the President to appoint Supreme Court and High Court judges, respectively, after consulting the Chief Justice of India (CJI).
• The First Judges case (1981) initially affirmed the executive's primacy in judicial appointments, stating that 'consultation' did not mean 'concurrence'.
• The Second Judges case (1993) established the collegium system to safeguard judicial independence, ruling that 'consultation' implies 'concurrence' of the CJI.
• This system was further reaffirmed and its composition clarified in the Third Judges case (1998).
• The Supreme Court collegium consists of the CJI and four senior-most judges, while High Court collegiums comprise the CJI and two senior-most judges.
• The Memorandum of Procedure (MoP), drafted in 1998, outlines the detailed process for judicial appointments, allowing the government to return recommendations once.
• The NJAC aimed to replace the collegium with a six-member body including the CJI, two senior judges, the Union Law Minister, and two eminent persons.
• The Supreme Court declared the NJAC unconstitutional in 2015, asserting that it violated the basic structure of judicial independence.
• India's collegium system is unique, as other democracies like the U.S., UK, and South Africa employ executive nominations or independent commissions for judicial appointments.
• Proposed reforms include finalizing the revised MoP to enhance transparency and potentially reintroducing a broader NJAC with a judicial veto to ensure inclusivity and protect independence.

Key Concepts Involved:

• Collegium System: A system where the Chief Justice of India and a panel of senior Supreme Court judges recommend appointments and transfers of judges to the higher judiciary.
• Judicial Independence: The principle that the judiciary should be free from influence and control by the executive and legislative branches of government.
• Basic Structure Doctrine: A judicial principle that certain fundamental features of the Indian Constitution cannot be altered or amended by the Parliament.
• Memorandum of Procedure (MoP): A document detailing the process and guidelines for the appointment and transfer of judges to the Supreme Court and High Courts.