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| The SC today upheld the collegium system for appointment of judges. |
The collegium system was created by two judgements of the Supreme Court in 1990s in which a body of senior apex court judges headed by the Chief Justice of India selected persons and recommended their names for appointment as judges.
Under the the 22-year-old court-framed collegium system of appointment and transfer of judges of high courts and the Supreme Court, the chief justice of the respective high courts and two other senior-most judges of the court comprise a collegium empowered by virtue of a 1993 judgment of the Supreme Court to identify suitable candidates, do due diligence and recommend for appointment as judges of the court.
The shortlisted candidates are scrutinized by a collegium of five senior-most judges of the apex court headed by Chief Justice of India before being cleared for appointment. The same collegium of the apex court identifies serving judges and chief justices of high courts for elevation to the Supreme Court.
There is no mention of the collegium either in the original Constitution of India or in successive amendments.
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Extracts from Constitution of India:
74. 2[(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:
124(2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty-five years:
If the Constitution of India has no mention to the Collegium system,
then how can be this Lawful ?
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