It was 31st August,2021, the day on which a historical event took place i.e., appointment of 9 judges to Supreme Court. Why is it called historical event????
HOW WERE THESE JUDGES APPOINTED,WHAT'S THE STORY INVOLVED IN THEIR APPOINTMENT???
To understand the story we must look into the following topics
Eligibility
To be appointed as a judge a person should have the following qualifications
Procedure
CHIEF JUSTICE OF INDIA
In the Second Judges Case (1993), Supreme Court ruled that the senior most judge of the Supreme court should be appointed to the office of Chief Justice of India.
OTHER JUDGES OF SUPREME COURT
They are appointed by the President of India by taking into consideration of the recommendations of the collegium
JUDGES OF HIGH COURT
They are appointed by the President of India after consulting the CJI, the governor of the concerned state and the Chief Justice of that state.
Constitutional Provisions
Articles 124 to 147 in Part- V of Indian Constitution deal with Supreme Court,its structure and powers.
Article 124 deals with the appointment of the judges of Supreme Court.
Articles 214 to 231 in Part-VI of the Indian Constitution deal with High Court,its structure and powers.
Article 217 deals with the appointment of the judges of High Court.
Collegium
It is a system or forum that deals with the appointments and transfer of judges.
It is neither a Constitutional body nor a Statutory body it has been evolved through various judgments of Supreme Court.
It is a 5 member body comprising the Chief Justice of India and 4 other senior most judges of Supreme Court.
Judgments involved in the evolution of Collegium system
first judges case- in this case supreme court gave ruling that executive must be given primacy in judiciary appointments
second judges case-in this case ruling was given that,the judiciary should have primacy in judiciary appointments and Supreme court proposed a collegium system with CJI and 2 senior most judges of the Supreme Court.
third judges case-in this case supreme court has expanded the collegium system to a 5 member body.
Criticism of collegium system
The system which have been in practice for more than two decades now, is facing criticism for following reasons
lack of transparency
sidelining several talented junior judges and advocates
scope of nepotism
So,experts believe that there is a need for a transparent body,possibly constitutional with a proper say for judiciary.
You may find the explanation of this topic in my youtube channel,the link is given below
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