Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
Centre to push judges’ appointments:
Context:
The Union government has offered to decide in three months the Supreme Court Collegium recommendations for appointment of judges in the High Courts pending with it for over half a year.
Does the Constitution of India specify any deadline for the appointment of judges?
No. The Memorandum of Procedure guides the government and the judiciary through the appointment process. The procedure does not insist on a deadline but only loosely says the process should be completed within a reasonable time.
Collegium System:
It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.
- The SC collegium is headed by the CJI and comprises four other senior most judges of the court.
- A HC collegium is led by its Chief Justice and four other senior most judges of that court.
Related Constitutional Provisions:
- Article 124(2) of the Indian Constitution provides that the Judges of the Supreme Court are appointed by the President after consultation with such a number of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.
- Article 217 of the Indian Constitution states that the Judge of a High Court shall be appointed by the President consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
InstaLinks:
Prelims Link:
- What is collegium?
- How are Judges of Supreme Court and high courts appointed?
- Appointment of retired judges.
- Related constitutional provisions.
- Powers and functions.
Mains Link:
Discuss the issues associated with collegium system for the appointment of judges.
Sources: the Hindu.
