SUB THEME: Judicial Appointments

TITLE: Appointment of Judges, the Collegium System and the National Judicial Appointments
Commission Bill.
Abstract

The provisions of Union Judiciary and the State Judiciary in the Indian Constitution play a vital
role in judicial appointments. Before framing Indian Constitution, our Country had a
Consultative process between Executive and Judiciary for the appointment of Judges. After
framing the Constitution, the practice was followed for the first forty Years with few
controversial episodes. But, hereafter the Supreme Court of India gave away the Consultative
process after the second Judges Case, 1993 and came with the new implementation of
Collegium for the appointment of Judges. The Collegium system, the Chief Justice and Two
senior Judges of Supreme Court play a crucial role in the appointment and recommendation of a
judge. But the recent study revealed about the incompetency and irregularity of Collegium
system and the Law Commission of India also submitted its 214 th report towards the concern for
working and reconsideration of the Collegium system.
The governments dont have any power or authority in the appointment of judges, but the entire
power vests in the hands of Collegium and Chief Justice of India and the government have to
accept the system of Collegium without any alternative. There has been a subject of debate and
controversy in the selection and appointment of High Court and Supreme Court Judges. The
senior most Judge of a Supreme Court shall be Chief Justice of India appointed by President
of India. By interpreting the Constitutional provision of Article 124, Judges of Supreme Court
shall be appointed by the President with the consultation of Senior Judges of Supreme Court and
High Court in the Respective states if president deem necessary in case of the appointment of a
judge other than the Chief Justice, but the Chief Justice of India is always be consulted.
By interpreting the Constitutional provision of Article 217 of clause (1), the procedure for
appointments of a High Court is slightly different from the Supreme Court. The Chief Justice of
High Court shall be appointed by president with the consultation of Chief Justice of India and
the Governor of respective state. Every Judge of a High Court is appointed by the President after

Consultation of Chief Justice of India, Chief Justice of particular state and Governor of
respective State, other chief Justice.
The system of Collegium in appointing Judges to the Supreme Court and High Court is said to
become history with Congress in deciding to the support of NDAs proposed law on Judges
Appointments and created a new bill of National Judicial Appointments Commission for the
Appointments of Judges. The safeguards which are necessary to prevent bias in selecting judges,
one was to prevent unmeritorious candidates being appointed on political or other improper will
continue to be the rule.
Category: K41
Keywords: Constitution, Judiciary, State, Supreme Court, Judge, Appointment.