Why in the news?

  • Chief Justice of India orally said the court would consider a plea seeking to revive the National Judicial Appointments Commission and bring an end to the Collegium system of judicial appointments to the constitutional courts of the country.

National Judicial Appointments Commission (NJAC)

  • Formation: The National Judicial Appointments Commission (NJAC) was established through the 99th Constitutional Amendment Act, 2014, to replace the collegium system for appointing judges to the Supreme Court and High Courts in India.
  • Aim: It aimed to create a more transparent and broad-based mechanism involving the executive, judiciary, and eminent persons.
  • Composition: 
    • Chief Justice of India (chairperson),
    • Two senior-most Supreme Court judges, 
    • Union Law Minister, and two eminent persons nominated by a committee comprising the Prime Minister, CJI, and Leader of Opposition (or leader of largest opposition party). 
    • Eminent persons were to represent diverse fields, ensuring no more than one from brother/sister of CJI, Union Minister, or SC judge.
  • Functions
    • Recommend appointments of CJI, SC judges, High Court Chief Justices, and other judges based on ability, merit, and integrity.​
    • Recommend transfers of High Court judges considering administrative needs.​
    • Regulate procedures, collect background information from stakeholders, and establish transparent criteria/timelines

Collegium System

  • What is it?: It is the system of appointment and transfer of judges that has evolved through judgments of the judge’s cases in the Supreme Court.
  • Head of Collegium
    • The SC collegium is headed by the CJI (Chief Justice of India) and comprises four other senior judges of the court.
    • A High Court collegium is led by the incumbent Chief Justice and two other senior judges of that court.
    • Judges of the higher judiciary are appointed only through the collegium system and the government has a role only after names have been decided by the collegium.
  • Evolution of Collegium System
    • First Judges Case (1981)
      • It declared that the “primacy” of the CJI’s (Chief Justice of India) recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
      • The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years.
    • Second Judges Case (1993)
      • SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.
      • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.
    • Third Judges Case (1998)
      • SC on the President’s reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

Source: The Hindu