Though the collegium system is still the best in judicial appointments, but corrections are required in its actual working. Discuss (200 Words)
Refer - The Indian Express
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· In 1982 in S P Gupta’s case, the Supreme Court gave its approval to the primacy of the state in the matter of appointment of judges.
· It also held that the initiation of the proposal for appointment of a judge to the SC must be made by the CJI after wider consultation with senior judges.
· And no appointment of any judge to the SC or any high court can be made unless it conforms with the opinion of the CJI. Thus, what is known as the “collegium system” was born.
· Governments, irrespective of which party is in power, have from time to time expressed their reservations about the courts taking upon themselves the power to appoint judges.
· The present government tried to dilute the primacy of the judiciary by introducing Article 124 (A) by a constitutional amendment, and by enacting National Judicial Appointments Commission Act, 2014.
· The SC has struck down both the amendment and the Act, the judiciary continues to enjoy primacy in the matter of appointments.
· Three senior-most district judges of Delhi who were directly appointed as Additional District Judge from the Bar with impeccable integrity, have not been recommended for elevation to the High Court by the collegium.
· The collegium system is still the best, but it needs to weed out what is wrong in its actual working.
Abdul hakkim 3 years
Please review mam/sir
Thanks
IAS Parliament 3 years
Back ground of collegium system is not required. Keep Writing.
SREE 3 years
kindly evaluate
IAS Parliament 3 years
No need to explain about collegium system, try to explain about flow chart briefly. Keep Writing.
