In which case did the Supreme Court introduce the Collegium System for...
Introduction:
The Supreme Court of India introduced the Collegium System for the appointment of judges in the landmark Third Judges Case. This case had a significant impact on the process of judicial appointments in India and played a crucial role in shaping the Collegium System.
Background:
Prior to the Third Judges Case, the appointment of judges to the Supreme Court and High Courts was primarily done by the executive branch of the government, with minimal involvement of the judiciary. This process had been criticized for lacking transparency and being susceptible to political interference.
The Case:
The Third Judges Case, also known as the Supreme Court Advocates-on-Record Association v. Union of India Case, was heard by a nine-judge bench of the Supreme Court in 1998. The case focused on the issue of judicial appointments and sought to define the respective roles of the judiciary and the executive in the process.
Key Arguments:
The petitioners argued that the executive's exclusive power to appoint judges violated the principle of separation of powers and compromised the independence of the judiciary. They contended that the judiciary should have a significant role in the appointment process to ensure the selection of competent and impartial judges.
The government, on the other hand, argued that the existing system was constitutional and that the executive's authority to appoint judges was derived from the Constitution itself.
Supreme Court's Ruling:
The Supreme Court, in its judgment, held that the primacy of the judiciary in the appointment of judges was necessary to preserve the independence of the judiciary. The court ruled that the existing system, where the executive had the final say in the appointment process, was inadequate to protect the judiciary from political interference.
Introduction of the Collegium System:
In the Third Judges Case, the Supreme Court introduced the Collegium System for the appointment and transfer of judges. Under this system, a Collegium consisting of the Chief Justice of India and a group of senior judges is responsible for making recommendations to the President for judicial appointments. The executive is bound to act on these recommendations and has limited power to reject them.
Impact and Significance:
The introduction of the Collegium System brought about a significant shift in the process of judicial appointments in India. It increased the role of the judiciary in the appointment process and aimed to insulate the judiciary from political influence. However, the Collegium System has also faced criticism for lacking transparency and accountability.
Conclusion:
The Supreme Court's decision in the Third Judges Case marked a major development in the history of judicial appointments in India. The introduction of the Collegium System aimed to ensure the independence and integrity of the judiciary by granting the judiciary a significant role in the appointment process.
In which case did the Supreme Court introduce the Collegium System for...
The Supreme Court introduced the Collegium System for the appointment of judges in the Third Judges Case.