Why is it in the News?

The Supreme Court Collegium headed by Chief Justice of India D.Y. Chandrachud has recommended the appointment of Chief Justices to five High Courts.

What is the Collegium System?

• It is a system under which appointments and transfers of judges are done in the Supreme Court and High Courts.
  • It is not rooted in the Constitution, iInstead, it has evolved through judgments of the Supreme Court.
• The Supreme Court Collegium, headed by the Chief Justice of India, consists of the court's four other most senior judges.
• Similarly, the High Court Collegium is chaired by its Chief Justice, along with the four other most senior judges of that specific high court.

Appointment of Judges: Constitutional Framework

• Constitutional Provision: Under Article 217, the President holds the authority to appoint judges of a high court.
  • The appointment of the Chief Justice involves consultation with the Chief Justice of India and the respective state's governor.
  • Similarly, consultation with the Chief Justice of the concerned high court is essential for appointing other judges.
  • In cases where a high court serves multiple states, the President consults with the governors of all relevant states.
• No Minimum Age Requirement: The Constitution does not specify a minimum age for the appointment of high court judges.
• Qualifications of Judges: To qualify for a high court judge, an individual must:
  • Be a citizen of India.
  • Have held a judicial office within India's territory for ten years; or
  • Have been an advocate of a high court (or successive high courts) for ten years.

Supreme Court Judgements:

• Second Judges Case (1993): The Supreme Court decreed that the appointment of a high court judge must align with the Chief Justice of India's opinion.
• Third Judges Case (1998): The Supreme Court emphasized that for the appointment of high court judges, the Chief Justice of India should consult a collegium comprising the two most senior judges of the Supreme Court.
  • The consultation process involves more than the Chief Justice of India's individual opinion.