What is the collegium system of appointing supreme court. Supreme court says govt cant appoint judges india news. Supreme court wont revisit collegium system the hindu. The supreme court collegium is headed by the chief justice of india and. The supreme court collegiums baffling turn on justice kureshi bloombergquint opinion. Justice chelameswar opts out of collegium the hindu. The supreme court collegium has resolved that a committee of two supreme court judges other than consultee judges nominated by the chief justice of india shall evaluate the judgments of the additional judges of high courts for purpose of determining their suitability for appointment as permanent judges. Supreme court judgements download latest breaking news. Listing notice regarding sitting of chief justices court and court no. Inside story of the centres turf war with the supreme. Jan 17, 2019 the collegium for the appointment of judges of supreme court is headed by the chief justice of india and comprises of the four other seniormost judges of the supreme court. Collegium clears justice km joseph for elevation to supreme court.
Composition method, collegium of the supreme court of india. The supreme court collegium is likely to consider names of 11 high court chief justices for elevation to the supreme court. While public interest demands disclosure, judicial independence must be kept in mind. Modi govt blocking elevation of justice akil kureshi who. In the 1998 judgement, the supreme court envisaged a situation where the chief justice could bat for an elevation and the other judges in the collegium may want the elevation rejected. The collegium of the supreme court consists of 5 senior most judges including the chief justice of india. Collegium system of supreme court and high courts of india, based on the precedence established by the three judges cases, is a legally valid system of appointment and transfer of judges in the supreme court of india sc and all high courts of india hc. Supreme court lost its way while cancelling coal, 2g. It has decided to upload reasoned decisions regarding transfers.
The abrupt revocation of the supreme court collegium s decision to recommend the appointment of rajasthan and delhi hc chief justices pradeep nandrajog and rajendra menon to the sc and. The supreme court on wednesday came out with a slew of guidelines to improve the collegium system of appointment of judges in the higher judiciary to make it more transparent and accountable by asking the centre to finalise a memorandum of procedure mop in consultation with the chief justice of india. The judgments reported in scr till 1993 also have headnotes. The supreme court sc on tuesday held the muslim practice of triple talaq unconstitutional and struck it down by 3. Does rahul gandhi consider himself above even the supreme court. Explained why is supreme court collegium in the line of fire. The list of important judgements of the supreme court will be updated in real time so that citizens can be aware of the law laid down on important issues. Calling it a dangerous proposition, the supreme court tuesday questioned the government for demanding a reconsideration of its twodecadeold judgments, which had established collegium as the system for appointing judges and. Correspondence the registrar, supreme court of india, tilak marg, new delhi11 0112338892224,23388942 fax. Supreme court collegium approves five judges of high court.
Home collegium resolutions case status judgments vernacular judgments causelist daily orders office report copying caveat efiling. Feb 27, 2020 new delhi, february 27 union law minister ravi shankar prasad on thursday said justice s muralidhar of the delhi high court was transferred on the recommendation of the supreme court collegium and ac. Indias constitution originally stipulated that the judges of the supreme court and high courts would be appointed by the president based on a. The decisions of the collegium are made through voting and the majority view prevails in case of difference of opinion. Names recommended for appointment by a high court collegium reaches the government only after approval by the cji and the supreme court collegium. Under the system, two chief justices of high courts and two senior judges of the supreme court, led by the cji form a panel which recommends suitable candidates. Oct 27, 2017 the collegium has now decided that the judgments of additional judges of high courts shall be called for from the chief justices concerned and shall be evaluated by a committee of two judges of. Binding force under article 141 of the constitution. Supreme court collegium recommends 37 new judges for high courts. Supreme court upholds collegium system of appointment of.
Apr 26, 2018 the congress has launched a renewed executive interference in judiciary assault at the modi government by weaving in the appointment of senior advocate indu malhotra to the supreme court and asking why uttarakhand high court chief justice k m joseph, who was also recommended by the 5judge supreme court collegium, was not similarly elevated. What is supreme court of india collegium and how it works. New delhi, may 16 pti the supreme court lost its way while cancelling all allocations of coal blocks, 2g spectrum licences and iron ore mining in karnataka and goa and its zeal to. The collegium system in india history, status quo and alternatives. This will be the first occasion when the sc is involving the general public in its affairs. The judges in lower courts below the level of hc are appointed by respective hc collegium. For all the latest explained news, download indian express app. May 23, 2019 the collegium for the appointment of judges of supreme court is headed by the chief justice of india and comprises of the four other seniormost judges of the supreme court. Until 1973, there existed a consensus between the government of the day and the chief justice of india. Supreme court judgments and orders news, notes download. Afterwards, in the landmark judgement of supreme court advocates on record association vs union of india, supreme court struck down 99 th amendment and declared it constitutional and void. This judgment was critiqued as it took away the little independence that had developed by way of practice of consulting the cji, chief justice of the. The supreme court struck down the narendra modi governments bid to give the executive a greater say in the selection of judges, a decision the administration condemned as flawed. The supreme court collegium on wednesday approved the proposal for the appointment of five judges as the permanent judges of the karnataka hc.
Supreme court collegium system and national judicial. Another bench increased the size of this collegium to. Sccollegium upheld, constituion 99th amendment njac act held. Chief justice of indias office under rti, but dont. Supreme court collegium decision final, anything else malafide, says fali nariman fali nariman indicated that the current impasse over the appointment of a judge may be linked to the government still smarting under the supreme courts decision to strike down the parliaments decision to vote in favour of the njac which sought to. The military collegium of the supreme court of the soviet union russian. The judgment which dismissed the appeal of the supreme court, which has strongly objected against bringing cjis office within the purview of the rti, claiming that it would encroach into its judicial independence also held, judicial independence is not the personal privilege or.
In the case of the supreme court all reported judgments which are published in scr journal, since its inception i. The loya judgement has been well settled by the supreme court. On october 15, the supreme court collegium reiterated for the third time that the appointment of pk bhat to the karnataka hc be processed most expeditiously. Now, you can suggest collegium reforms to the supreme court.
Although the collegium s decision has been unanimously taken by the chief justice of india along with the other four most senior judges in the supreme court, it will be a matter of curiosity if the central government will accept the proposal regarding justice joseph this time around. The supreme court of india is the highest judicial forum and final court of appeal under the constitution of india. The military collegium of the supreme court of the russian federation russian. For the higher judiciary, the apex court collegium vets the list of potential candidates, and the government only comes in after the names selected for elevation. Apr 23, 2018 the supreme courts collegium of chief justice of india cji dipak misra and the next seniormost judges, justices j chelameswar, ranjan gogoi, madan b lokur and kurian joseph, have begun to post recommendations for elevations and other business on a new resolutions of the collegium section of its website according to minutes dated 3. The collegium is responsible for the judicial appointments in the country at the level of the supreme court and the high courts. Supreme court should graciously give up its right to be. The collegium system was commissioned by two judgments of the supreme court in 1990s.
Indian polity the judiciary collegium system and role of. The impression in peoples mind would be that it is inappropriate if not unfair if a sitting member of a collegium sits in judgment over a scheme. The difference of opinion within the supreme court collegium comes at a crucial time when the centres latest draft memorandum of procedure mop is pending with the collegium. Transfer of judges to bombay high court supreme court. The move to consider 11 names for seven vacancies came after collegium members felt the need for broadbased consideration and further deliberation, according to a person in the sc registry.
The collegium system was commissioned by two judgments of the supreme court in the 1990s. The candidates recommended by a high court collegium require the assent of the chief justice of india and the supreme court collegium before the government is consulted on the matter. Supreme court lost its way while cancelling coal blocks. Muralidhar, known for his bold and progressive judgments, to the punjab and haryana high court. Collegium of supreme court judges tnpsc thervupettagam. The memorandum of procedure may provide for any other matter considered appropriate for ensuring transparency and accountability including interaction with the recommendees by the collegium of the supreme court, without sacrificing the confidentiality of the appointment process. However, rohatgi believes that as a way forward, the supreme court should graciously give up this sole right, given that the same is contrary to the constitution. Collegium system in the indian judiciary needs to be reformed for. Reading out the majority judgment, justice sanjiv khanna said. The collegium, then comprising three of the seniormost judges of the supreme court including the cji, was created, in order to make the presidents consultation with the cji, as envisaged under article 124, broadbased. There shall be a supreme court of india consisting of a chief justice of india and, until parliament by law prescribes a larger number, of not more than seven other judges every judge of the supreme court shall be appointed by the president by warrant. Justice dn patel was named chief justice of delhi high court on may 22.
The supreme court, however, struck down the njac act of 2014 which proposed such a body to be formed and retained the collegium system for appointment and transfer of judges. The supreme court has rejected a plea for revisiting the 1993 ninejudge judgment giving its collegium primacy in appointment of judges of the supreme court and high courts. Those raising questions do not respect the judgment of the apex court pronounced after elaborate arguments. In a historic and landmark judgment running into 1042 pages, the supreme court of india has struck down the constitution ninetyninth amendment act, 2014 as unconstitutional which automatically renders and national judicial appointments commission njac act, 2014 infructuous. Oct 16, 2015 the national judicial appointments commission njac is unconstitutional, ruled the supreme court in an unanimous and muchawaited judgment on friday. The supreme court of india is the highest judicial court under the constitution of india, the. Promotion shall be governed as per the promotion scheme, icai appeal allowed by supreme court. The collegium system in india history, status quo and. Union of india, 1993, the apex court laid down a set of guideline as to the composition of collegium which would deal with the matters pertaining to the appointment and tran. Justice indrajit mahanty, judge, orissa high court. Transfer of honble justice muralidhar was done pursuant to the recommendation dated february 12 of the supreme court collegium headed by chief justice of india, prasad wrote on twitter.
The supreme court judgment on the njac controversy india hidden oct 16, 2015 14. Professor of law, itse sagay san has shared his thoughts on the supreme court judgment of may 8 which nullified the trial and conviction of a former governor. Military collegium of the supreme court of the soviet union. The supreme court judgment on the njac controversy. After 14 years of rti act, two landmark judgments by delhi. Chief justice of indias office under rti, but dont expect. Court martial upheld sanjay marutirao patil v uoi ca 2448 of 2010, supreme court judgment dated 24. Sc collegium recommends transfer of justice muralidhar from. Oct 16, 2015 this is the full text of the supreme court s judgment on the validity of the njac, in which it brought back the collegium system for appointment of judges to the higher judiciary. The supreme court collegium has resolved that two judges should be transferred to the bombay high court. Download supreme court judgement that freed orji kalu.
New delhi, february 27 union law minister ravi shankar prasad on thursday said justice s muralidhar of the delhi high court was transferred on the recommendation of the supreme court collegium. The supreme court collegiums baffling turn on justice kureshi. A convention was formed where the seniormost judge of the supreme court was to be appointed as the chief justice of india. Supreme court collegium decides to upload its decisions on website. E courts project phase ii patna high court legal services committee. It has no mention in the original constitution of india or its successive amendments. Collegium to take call on 61 names for high court judges. A ninejudge constitution bench has dismissed a plea from a lawyers forum to allow the executive a say in the appointments and transfers of supreme court and high court judges, currently decided entirely by a judgesonly collegium. Sc broad guidelinesfinalizing collegium memorandum of procedure. On may 2, the supreme court s fivemember collegium deferred a decision to reiterate its recommendation elevating the chief justice of the uttarakhand high court, k. Supreme courts judgement which nullified the trial of. Triple talaq, or verbal divorce, is practiced by some in the muslim community to instantly divorce their wives by saying talaq three times. Supreme court collegium decision final, anything else. When india gained independence, the federal court, succeeded by the supreme court on january 26, 1950, had two indian judges harilal jekisondas kania, who went on.
It obliges the cji to consult his collegium, either two or four, as the case may be depending upon the. Transfer of justice muralidhar done on recommendation of. Article 124 2 provides that the president will consult such judges of the supreme court and of the high courts in the status as the president may deem necessary. Earlier, three former cjis and a former hc chief justice had found no merit in a lady civil judges charges against krishna bhat and cleared his appointment to the high court bench.
They will consider the elevation of chief justicesjudges of high court to supreme court, elevation of judges of high courts as chief justices and elevation of judges. Coronavirus vaccine remdesivir to be supplied to europe, asia and other countries. But the supreme court said that only limited information would be revealed about the functioning of the courts collegium and its reasons for selecting or rejecting judges for promotion. The high court collegium is led by its chief justice of the respective high court comprises four more seniormost judges of that high court. Collegium system is a system under which appointments and elevations of judges and lawyers to the supreme court and the high courts, and also transfer of judges to high courts and the apex court are decided by a forum of the chief justice of india and 4 senior most. Oct 16, 2015 supreme court upholds collegium system of appointment of judges, rules njac unconstitutional the judgement comes on a batch of pleas challenging the constitutional validity of njac which brought to an end the twodecadeold collegium system for appointing judges in the higher judiciary. Sep 17, 2017 over 61 recommendations by high courts on appointment of new judges and elevation of additional judges are awaiting a final nod of the supreme court collegium, a senior functionary has said. But the supreme court said that only limited information would be revealed about the functioning of the court s collegium and its reasons for selecting or rejecting judges for promotion. The collegium system, which is responsible for the appointment of judges to the supreme court, revoked its december 12 decision of promoting justice nandrajog and justice menon, and recommended. Explained why is supreme court collegium in the line of. Home collegium resolutions case status judgments vernacular judgments causelist daily orders office report copying caveat e filing. Circular regarding pincode of supreme court of india 27sep2019.
In the decided case of supreme court advocate on record association v. Collegium system and role of chief justice of india in the appointment of judges. The author, samarth luthra is a 2nd year student of university school of law and legal studies, ggsipu main campus. The recommendations, made on january 11 by the collegium comprising chief justice dipak misra, and justices j chelameswar and ranjan gogoi, have been posted on the official website of the apex court. The supreme court collegium today made public the names it has recommended for appointment as chief justices of 10 high courts. Supreme court strikes down njac act as flawed, says. The sc said triple talaq violates the fundamental right of muslim women as it irrevocably ends marriage. Jan 11, 2018 the judgment had finally resulted in restoration of harish rawatled congress government in uttarakhand. The judgment in the second judges case is the law declared by this court even today. Categories bombay high court, supreme court judgements tags appointment of chief justice in bombay high court, supreme court collegium resolution download supreme court aadhaar judgement posted on september 26, 2018 september 26, 2018 1 comment. Supreme court upholds collegium system of appointment of judges, rules njac unconstitutional the judgement comes on a batch of pleas challenging the constitutional validity of njac which brought to an end the twodecadeold collegium system for. Of the four names recommended by the supreme court collegium comprising chief justice of india ranjan gogoi and justices sa bobde and nv ramana on may 10, three have thus been cleared. Nov 06, 2015 in its 1998 judgment, the sc had evolved the collegium system without inviting views from the public.
Feb 23, 2018 the supreme court collegium on friday made public the names of the 37 additional high court judges that it has recommended for permanent appointment in the allahabad, rajasthan, kerala, gujarat. The verdict, which follows a closeddoor hearing on october 17, was uploaded on the apex court website on. Judicial appointments conundrum postnjac verdict civilsdaily. The supreme court collegium is headed by chief justice dipak misra.
The verdict effectively rejects a major law passed by parliament last year, which was subsequently ratified by 20 state assemblies, and restores the collegium system of appointing judges. A crucial meeting of the supreme court collegium is likely to take place tomorrow to reconsider the name of the uttarakhand high court chief justice k. The supreme court lost its way while cancelling all allocations of coal blocks, 2g spectrum licences and iron ore mining and its zeal to protect the. When it comes to judicial appointments, the supreme court collegium has the last word.
The verdict restored the collegium system under which senior judges of the supreme court and high courts choose members of the higher judiciary. Why a sitting judge of the supreme court is fighting to. The collegium for the appointment of judges of supreme court is headed by the chief justice of india and comprises of the four other seniormost judges of the supreme court. When, in october 2015, a fivejudge bench of the supreme court struck down the 99th constitutional amendment, and with it the national judicial appointments commission, the judgment was celebrated. The judgments information system consists of the judgments of the supreme court of india and several high courts. Sep 27, 2019 when, in october 2015, a fivejudge bench of the supreme court struck down the 99th constitutional amendment, and with it the national judicial appointments commission, the judgment was celebrated. Sc collegium may discuss names of 11 high court chief.
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