Concepts

Collegium System

CAPF wiki1 min read6 sections
At a glance
SubjectPolity

Definition

The judge-led mechanism for appointing and transferring judges of the Supreme Court and High Courts, in which a collegium of senior judges recommends names to the President.

Key points

  • Based on Articles 124 and 217 read with the "Three Judges Cases" (1981, 1993, 1998), which gave primacy to the judiciary in appointments.
  • The Supreme Court collegium is the Chief Justice of India plus the four senior-most Supreme Court judges.
  • The High Court collegium is the Chief Justice of India with two senior-most Supreme Court judges, with inputs from the High Court collegium.
  • The 99th Amendment and the National Judicial Appointments Commission (NJAC) Act, 2014, sought to replace it but were struck down in 2015 for violating the concept basic structure (judicial independence).
  • A Memorandum of Procedure guides the process; the government may return a recommendation once, but a reiteration is binding.

Why it matters for CAPF

Judicial independence and the failed NJAC are recurring polity items; the collegium's composition and the Three Judges Cases are standard recall.

Common confusion

The collegium is not in the text of the Constitution; it is a judicial interpretation; the NJAC was struck down, so the collegium continues.

One-line recall

Judge-led appointment mechanism (CJI plus senior judges) from the Three Judges Cases; the NJAC replacement was struck down in 2015.

Parent note

judiciary

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