Collegium System

 Collegium System : Recently, the Supreme Court Collegium, headed by Chief Justice of India (CJI), recommended the appointment of 39 judges to nine High Courts across the country.

• About Collegium System : Used for the appointment and transfer of judges in the Supreme Court and High Courts.

o Not Constitutionally Enshrined: The system is not mentioned in the Constitution. It has evolved through Supreme Court judgments (notably the Three Judges Cases).

o Composition – Supreme Court Collegium: Headed by the CJI , it includes the four senior-most judges of the Supreme Court.

o Composition – High Court Collegium: Led by the Chief Justice of the respective High Court and includes the two senior-most judges of that court.

o Role of the Government: The central government can seek clarifications or raise objections. However, if the Collegium reiterates a recommendation, the government is bound to accept it.

• Constitutional Provisions Related to Judicial Appointments :

o Article 124: Judges of the Supreme Court are appointed by the President.

ü Consultation is required with judges of the Supreme Court and High Courts as deemed necessary. The CJI must be consulted in all appointments (except their own).

o Article 217: Judges of a High Court are appointed by the President.

ü Consultation must be done with the CJI, the Governor of the state, and the Chief Justice of the concerned High Court.