Jharkhand Switch to Hindi
Collegium Recommends Jharkhand HC Chief Justice
Why in News?
The Supreme Court Collegium has recommended the elevation of Justice Tarlok Singh Chauhan, the senior-most judge of the Himachal Pradesh High Court, as the next Chief Justice of the Jharkhand High Court.
Key Points
- Constitutional Provisions Related to Appointment of Judges:
- Article 124(2): SC judges are appointed by the President after consultation with the Chief Justice of India (CJI) and other judges.
- Article 217: HC judges are appointed by the President after consultation with the CJI, the Governor of the concerned state, and the Chief Justice of the respective HC.
- Collegium System: The Collegium System refers to the method of appointment and transfer of judges in the SC and HCs.
- It is not explicitly mentioned in the Constitution but has evolved through various SC judgments.
- Composition:
- Supreme Court Collegium: Includes the CJI and the four senior-most SC judges.
- High Court Collegium: Led by the Chief Justice of the HC and its two senior-most judges.
- Evolution of the Collegium System: The system developed through four landmark Supreme Court cases, referred to as the Judges Cases:
- First Judges Case (1981) – S.P. Gupta v. Union of India
- The SC ruled that the term “consultation” does not mean “concurrence”.
- The ruling gave primacy to the executive in judicial appointments.
- Second Judges Case (1993) – Supreme Court Advocates-on-Record Association v. Union of India
- The Court overruled the First Judges Case and held that consultation means concurrence.
- Introduced the concept of a Collegium, requiring the CJI to consult two senior-most judges.
- Third Judges Case (1998)
- The SC expanded the collegium to five members—the CJI and four senior-most judges.
- National Judicial Appointments Commission (NJAC)
- The 99th Constitutional Amendment Act, 2014 introduced the NJAC to replace the collegium system.
- However, the SC struck it down, citing judicial independence concerns.
- The verdict reaffirmed the collegium system as the only mechanism for judicial appointments.
- First Judges Case (1981) – S.P. Gupta v. Union of India