Article 3: Appointment of Judges in India
Why in news: The Centre appointed Gujarat HC Chief Justice Sunita Agarwal, Delhi HC Chief Justice D.K. Upadhyaya and Telangana HC Chief Justice Aparesh Kumar Singh to the Supreme Court, raising its strength to 37 of 38 judges.
Key Details
- Constitutional Basis: Articles 124 and 217 provide for the appointment of Supreme Court and High Court judges by the President.
- Collegium System: The system evolved through the Three Judges Cases and gives primacy to the judiciary in judicial appointments.
- Judicial Independence: The Collegium seeks to protect the judiciary from excessive executive and political interference.
- Transparency Concerns: The system faces criticism over lack of transparency, accountability and clear selection criteria.
- NJAC & Reform: The NJAC Act, 2014 was struck down in 2015 for violating judicial independence; reforms should balance independence, transparency and accountability.
Constitutional Basis
- Articles 124 and 217 deal with the appointment of judges of the Supreme Court and High Courts, respectively.
- The Constitution formally vests the power of appointment in the President of India.
- The President acts on the advice of the constitutional process involving the judiciary and the executive.
Appointment of Supreme Court Judges
- Under Article 124, every Supreme Court judge is appointed by the President.
- The Chief Justice of India (CJI) is appointed by the President.
- By convention, the senior-most Supreme Court judge considered suitable is appointed as CJI.
- Other Supreme Court judges are appointed after consultation with the CJI and other judges, following the Collegium system.
Appointment of High Court Judges
- Under Article 217, High Court judges are appointed by the President.
- The President consults:
- Chief Justice of India
- Governor of the concerned State
- Chief Justice of the concerned High Court
- For a High Court judge, the process begins with the High Court Collegium, which recommends names.
Collegium System
- The Collegium system is not expressly mentioned in the Constitution.
- It evolved through the Three Judges Cases decided by the Supreme Court.
- For Supreme Court appointments, the Collegium consists of the CJI and four senior-most Supreme Court judges.
- For High Court appointments, the CJI and two senior-most judges of the concerned High Court initially recommend candidates.
- The Supreme Court Collegium subsequently considers the recommendations.
Role of the Executive
- The Union Government processes the recommendations made by the Collegium.
- It can seek reconsideration of a recommendation.
- However, if the Collegium reiterates its recommendation, the convention established through judicial decisions requires the government to accept it.
- Thus, the system involves executive participation but judicial primacy.
Qualifications
- Supreme Court judge: Must be a citizen of India and must have been a High Court judge for at least 5 years, an advocate of a High Court for at least 10 years, or be a distinguished jurist in the President's opinion.
- High Court judge: Must be a citizen of India and must have held a judicial office for at least 10 years or been an advocate of a High Court for at least 10 years.
Significance
- The appointment process seeks to maintain judicial independence.
- It prevents excessive political interference in judicial appointments.
- At the same time, the Collegium system has faced criticism for lack of transparency, accountability and clear selection criteria.
NJAC Controversy
- The 99th Constitutional Amendment Act, 2014 created the National Judicial Appointments Commission (NJAC).
- The Supreme Court struck it down in 2015, holding that it violated the basic structure of the Constitution, particularly judicial independence.
- Consequently, the Collegium system continues to govern judicial appointments.
Conclusion
India needs a judicial appointment system that balances judicial independence, transparency and accountability. The Collegium has protected the judiciary from excessive executive interference, but concerns regarding its transparency and functioning remain. Reforms should therefore improve the selection criteria, disclosure and institutional accountability without compromising judicial autonomy. A balanced approach can strengthen public confidence and constitutional governance.
Descriptive question:
“The Collegium system has strengthened judicial independence but raised concerns regarding transparency and accountability.” Discuss the need for reforms in the appointment of judges in India. (150 words, 10 marks)
Source: The Indian Express