The Collegium System: SC Clarifies the Role of High Court Collegiums in Judicial Appointments
UPSC Relevance
Prelims: Indian Polity & Governance (Appointment of Judges, The Collegium System, Constitutional Articles 124 & 217, Federal Judiciary).
Mains: GS Paper 2 (Structure, organization and functioning of the Judiciary; Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies; Separation of powers between various organs).
Key Highlights from the News
Key Statement: Indian Chief Justice (CJI) B.R. Gavai clarified that the Supreme Court Collegium cannot compel High Court Collegiums to propose names for judge appointments to the High Courts.
Appointment Process: The "first call" for proposing names for High Court judges' appointments must come from the respective High Court Collegium.
Fundamental Principle: India has a "federal judiciary." In this administrative matter, the Supreme Court and High Courts are not hierarchically superior or inferior to each other.
Background: The CJI was responding to a request from the Supreme Court Bar Association (SCBA) that lawyers practicing in the Supreme Court should also be considered for High Court judge appointments.
Current Situation: The news states that there are 345 vacancies in the High Courts and many recommendations made by the Supreme Court Collegium are pending with the central government.
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