Appointment of Judges and NJAC
Why in news : Supreme Court expressed anger over delays from the government in appointing the members suggested by the collegium.
Facts for prelims :
Appointment of Judges :
- The judges of the Supreme Court are appointed by the
- The chief justice is appointed by the president after consultation with such judges of Supreme Court and High Courts as he deems necessary.
Evolution of collegium system :
- The supreme court has given different interpretation of the word ‘consulation’.
- In the First Judges Case (1982), court said that consultation does not mean concurrence.
- But, in the Second Judges Case (1993), the reversed its earlier stand and said that consultation refers to concurrence.
- It means the advice tendered by the Chief Justice of India is binding on the president in appointing the judges of supreme court.
- In the Third judges case (1998), the court opined that the consultation process should include chief justice and other plurality of judges.
- He should consult a collegium of four senior most judges of the Supreme court.
NJAC and 99th CAA :
- The 99th Constituional Amendment Act of 2014 and the National Judicial Appointments Commission Act of 2014 have created a new system called NJAC, National Judicial Appointments Commission.
- NJAC replaced the collegium system of appointing judges to the Supreme Court and High Court.
- But , Supreme Court in 2015 declared both 99th Constituional Amedment Act and NJAC as
- This case is referred as Fourth Judges case,2015.
The court said that the NJAC would affect the independence of the Judiciary.
Syllabus : prelims+mains; GS-2; Governance
