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Who really decides India’s Supreme Court judges?

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The Collegium System is the current method for appointing and transferring judges to the Supreme Court (SC) and High Courts (HCs). It is a key topic for UPSC and other government exams under Indian Polity (GS Paper 2).

Constitutional Basis:

  • Article 124 & 217 govern appointments.

  • President appoints judges after consulting the CJI, whose opinion is binding.

  • CJI consults a collegium of four senior-most SC judges; if two oppose, the recommendation is rejected.

Evolution:

  • 1950–1973: President consulted CJI; seniority convention for CJI existed.

  • First Judges Case (1982): Consultation ≠ concurrence.

  • Second Judges Case (1993): Consultation = concurrence → Collegium born.

  • Third Judges Case (1998): CJI + 4 senior-most judges form collegium; two adverse opinions block recommendations.

Working:

  • SC judges: CJI + 4 senior judges.

  • HC judges: CJI + 2 senior SC judges + HC consultation.

  • Government can request reconsideration once.

Criticism: Lack of transparency, delays, and tussles with the executive.

 

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