Introduction: Understanding the Appointment of Supreme Court Judges in India
Appointment of Supreme Court Judges in India: The Supreme Court of India, established in 1950, plays a pivotal role in the country’s judicial system. With constitutional provisions outlined in Chapter IV, Part 5, the court comprises a Chief Justice and puisne judges. The appointment criteria mandate a candidate to be a citizen of India with prior judicial or advocacy experience, although certain appointments have deviated from this norm.
Evolution of the Collegium System
Historically, appointments to the Supreme Court were based on seniority until the advent of the collegium system. This change stemmed from cases like AN Ray’s appointment as Chief Justice, leading to concerns over executive interference. Subsequent rulings in cases like SR Gupta and Supreme Court Advocates on Record Association solidified the collegium system, ensuring judicial primacy in appointments.
The Collegium System and Its Challenges
The collegium system, while safeguarding judicial independence, has faced criticism for its opacity and lack of accountability. Attempts to reform the system, such as the National Judicial Appointment Commission (NJAC), were struck down by the Supreme Court for infringing upon the Constitution’s basic structure. The court acknowledged the imperfections of the collegium system but upheld it as the best available option.
Conclusion: Understanding the Appointment of Supreme Court Judges in India
The journey of appointing Supreme Court judges reflects a delicate balance between judicial independence and executive oversight. While the collegium system has evolved over time, challenges persist in ensuring transparency and fairness. A reformed collegium system may offer a solution, aligning with constitutional principles while addressing concerns of bias and unfairness.
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FAQs: Appointment of Supreme Court Judges in India
1. : How are Supreme Court judges appointed in India?
Answer: Supreme Court judges in India are appointed by the President under Article 124(2) of the Constitution. The President consults with the Chief Justice of India and other judges of the Supreme Court and High Courts before making appointments.
2. : What led to the creation of the collegium system for appointing judges?
Answer: The collegium system was established to ensure judicial independence and separation of powers in judicial appointments. It emerged in response to instances of executive interference in judicial appointments, leading to the landmark judgments known as the three judges’ case.
3. : Why was the National Judicial Appointment Commission (NJAC) struck down by the Supreme Court?
Answer: The NJAC, proposed by the 99th Constitutional Amendment Act, sought to replace the collegium system but was deemed unconstitutional by the Supreme Court. It was struck down because it compromised judicial independence, altering the basic structure of the Constitution.
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