But Collegium System was viewed as an ailing system and attempts were made to overthrow it. The Collegium System was given due recognition in the Third Judge Case. Union of India, overruled the judgment and it was held opinion of the Judiciary is primary and the Executive can appoint Judges only after consulting Chief Justice. Supreme Court Advocates on Record Association v. The Union Government is not bound by the opinion of the Judiciary.
Union of India, popularly known as the First Judge Case, the Apex Court was of the view that the opinion of Chief Justice is not primary. The consideration of seniority was an important parameter in the Collegium System. The system was first questioned in 1969, when Justice A.N Ray was elevated to the post of CJI, despite three senior judges. The President used to consult the Chief Justice of India and other Judges to appoint the other Judges. The Judges are appointed to the Supreme Court and High Courts and the transfer of the Judges from one Court to another is governed by Articles 124, 217, and 222 of the Indian Constitution. Collegium System – Appointing Judges Prior to NJAC Act The problem needs to be addressed by reforming the system and implementing the new solution at the earliest. The Collegium System gives a lot of autonomy to the Judiciary and makes it unaccountable. The Act solved the problem of making the Judiciary accountable but at the same time undermines the Doctrine of ‘Separation of Powers’ violating the Constitution. Both the ‘Collegium System’ and ‘NJAC Act’ lacked transparency. The issue that arises is, neither the ‘Collegium System’ nor the ‘NJAC Act’ provides the solution to the problems faced by the Judiciary in the appointment of the Judges. Later in 2015, the NJAC was declared unconstitutional by the Supreme Court. In 2014, National Judicial Appointment Commission (NJAC) was established. Article 124A was inserted in the Constitution of India through the 99 th Amendment, which created the provision of formulating the NJAC Act. In India, Judges are appointed through the ‘Collegium System’.
#S.p. gupta v. union of india free#
For the Judicial System to remain uninfluenced, the appointment of Judges in the Supreme Court and High Courts should be free from political influences. It is important that the Judiciary remains uninfluenced from any political dynamics. Undoubtedly, our Courts continue to deliver justice and punish the guilty. In India, the Courts are seen as the place of highest justice. Judiciary is the last resort for any aggrieved person, whose legal rights have been violated, to plead for ‘Justice’.
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