Collegium Recommends Chief Justices Of 3 High Courts For Appointment To Supreme Court

Conscious Of The Mounting Pendency In The Supreme Court And The Need To Function At Its Full Sanctioned Judicial Strength Of 34 Judges, The Collegium Headed By Chief Justice Of...

Zaheer Hussain
November 7, 2023
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Conscious Of The Mounting Pendency In The Supreme Court And The Need To Function At Its Full Sanctioned Judicial Strength Of 34 Judges, The Collegium Headed By Chief Justice Of India D.Y. Chandrachud On Monday Recommended The Chief Justices Of Three High Courts For Appointment To The Apex Court.

Collegium Recommends Chief Justices Of 3 High Courts For Appointment To Supreme Court

Why In The News?

Conscious Of The Mounting Pendency In The Supreme Court And The Need To Function At Its Full Sanctioned Judicial Strength Of 34 Judges, The Collegium Headed By Chief Justice Of India D.Y. Chandrachud On Monday Recommended The Chief Justices Of Three High Courts For Appointment To The Apex Court.
If Appointed, Delhi High Court Chief Justice Satish Chandra Sharma, Rajasthan Chief Justice Augustine George Masih And Gauhati High Court Chief Justice Sandeep Mehta Would Fill Up The Three Vacancies In The Supreme Court. Currently, The Court Is Functioning With 31 Judges.

What Constitution Says About SC Appointment?

Article 124 (2) Of The Constitution Lays Down The Process To Appoint Judges To The Higher Judiciary: “Every Judge Of The Supreme Court Shall Be Appointed By The President 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 65 Years: Provided That In The Case Of Appointment Of A Judge Other Than The Chief Justice, The Chief Justice Of India Shall Always Be Consulted.”

3 Judges Cases

In The First Judges Case (1981), The Apex Court Held That In The Appointment Of A Judge Of The Supreme Court Or The High Court, The Word “Consultation” Does Not Mean “Concurrence”. Ultimate Power Would Rest With The Union Government And Not The CJI, The SC Ruled.
In The Second Judges Case (1993), The Court Overruled The First Judges Case, Holding That In The Event Of Conflict Between The President And The CJI With Regard To Appointments Of Judges, It Was The Chief Justice Of India Whose Opinion Would Not Only Have Primacy But Would Be Determinative.
The 1993 Verdict Also Gave Birth To The Collegium System. Finally, In The Third Judges Case (1998), The SC Reaffirmed Its 1993 Judgement And Expanded The Collegium To Include The CJI And The Four Senior Most Judges Of The Court After The CJI.

Supreme Court Collegium System

Under The Collegium System, The Chief Justice Of India And His 4 Senior Most Colleagues Make Recommendations For The Candidates To Be Appointed As SC And HC Judges To The President.
The Collegium Right Now Has Six Judges Instead Of Five. This Is Because None Of The 4 Senior Most Judges Will Become The Next CJI, And It Is Mandatory For The Next CJI To Be A Part Of The Collegium.
Justice Sanjiv Khanna Is Therefore The 6^th Member Of The Collegium Right Now Who Will Succeed Chief Justice DY Chandrachud As The Next CJI.

The Recommendations By The Collegium For The Supreme Court Can Be Of Two Types: One, When High Court Judges Are To Be Elevated To The Supreme Court; And Two, When Senior Lawyers Are Directly Appointed As Supreme Court Judges.
For Appointments To The High Courts, The Supreme Court Collegium Consists Of Only 3 Judges The Chief Justice Of India And Two Senior-Most Judges. For Appointments To The Supreme Court, The Collegium Consists Of Five Judges (Right Now, 6).
Like The Supreme Court, The High Courts, Too, Have A Collegium, Headed By The Chief Justice Of The High Court And Two Senior-most Judges As Members. The High Court Collegium Sends Its Judicial Appointments Recommendation Only To The Supreme Court Collegium.

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Zaheer Hussain

Senior Lecturer General Studies, SSBCrackExams, Passionate Teacher, Masters in Public Administration, Expertise in Polity, History and Current Affairs. Loves Food and traveling Solo.