Appointment of Judges in India|| Collegium System|| NJAC case|| 99 Amendment|| All Cases

Summary

The video discusses the intricate process of appointing judges in India, primarily focusing on the Supreme Court and High Courts as outlined in Article 124 of the Constitution. It highlights the role of the President, the mandatory consultation with the Chief Justice of India, and the evolution of the collegium system established to ensure judicial independence. Significant landmark cases shaped this process, reinforcing transparency and accountability. The video also addresses the failed attempt to replace the collegium with the National Judicial Appointments Commission, ultimately underscoring the importance of maintaining judicial authority in appointments.

Takeaways

• 😀 Judges in India are appointed by the President based on Article 124 of the Constitution, requiring consultation with the Chief Justice of India.
• 😀 The consultation process is crucial for the appointment of Supreme Court judges, allowing the President to seek advice from other judges if desired.
• 😀 The appointment of judges was criticized historically, leading to the establishment of the collegium system to enhance judicial independence.
• 😀 The Supreme Court has asserted that the President must act according to the consultations made with the Chief Justice when appointing judges.
• 😀 The collegium system evolved in India to manage the appointment and transfer of judges in a way that minimizes political influence.
• 😀 In landmark cases, the Supreme Court restored the collegium system after attempts to replace it with a National Judicial Appointments Commission.
• 😀 The National Judicial Appointments Commission aimed to make the appointment process more transparent but faced legal challenges.
• 😀 The Supreme Court emphasized the need for clear guidelines and a memorandum of procedure for the appointment of judges.
• 😀 Key judicial appointments must be based on recommendations from the collegium, which includes senior judges, to ensure transparency.
• 😀 The appointment and transfer of judges are designed to maintain the principle of judicial independence and accountability within the system.

Q & A

Who appoints the judges of the Supreme Court in India?

The President of India appoints the judges of the Supreme Court.

Is it mandatory for the President to consult anyone before appointing a Supreme Court judge?

Yes, it is mandatory for the President to consult the Chief Justice of India before making the appointment.

What was the criticism regarding the appointment of Chief Justice of India before 1977?

Before 1977, it was criticized that only the senior-most Supreme Court judge was appointed as Chief Justice of India, limiting a broader consultation process.

What did the Supreme Court clarify about the term 'consultation' in the context of judicial appointments?

The Supreme Court clarified that 'consultation' means the President is not bound to act solely based on the recommendations from the Chief Justice and can consult other judges.

What is the significance of the 1993 judgment regarding judicial appointments?

The 1993 judgment established that the appointment of judges should primarily involve the Chief Justice of India, restoring the collegium system for greater independence.

What is the National Judicial Appointments Commission (NJAC) and its purpose?

The NJAC was proposed to streamline the appointment of judges, intending to involve a broader range of stakeholders in the judicial appointment process.

Why was the NJAC declared unconstitutional by the Supreme Court?

The Supreme Court declared the NJAC unconstitutional as it violated the independence of the judiciary and the separation of powers, which are fundamental to the constitution.

What role does the Memorandum of Procedure play in judicial appointments?

The Memorandum of Procedure outlines the rules and guidelines for the appointment of judges, ensuring transparency and adherence to eligibility criteria.

What is the collegium system, and when was it established?

The collegium system is a method of appointing and transferring judges in the higher judiciary, established through judicial pronouncements starting in the late 1990s.

How does the collegium system enhance judicial independence?

The collegium system enhances judicial independence by allowing the judiciary to have a decisive role in appointing judges, thereby reducing political influence.