Context:
The Supreme Court Collegium has put forward the name of Justice Nongmeikapam Kotiswar Singh, the Chief Justice of the High Court of Jammu & Kashmir and Ladakh, who is from Manipur, as a Supreme Court judge.
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Collegium system of Supreme Court in India:
- The collegium system is not rooted in the Constitution or a specific law promulgated by Parliament but has evolved through judgments of the Supreme Court.
- The Constitution empowers the President to appoint and transfer the SC/HC Judges under Articles 124 and 217.
- Article 124(2) of the Indian Constitution states that the President appoints Supreme Court judges after consulting the necessary number of Supreme Court judges.
- In the First Judges Case (1981) – The court said consultation under Article 124 doesn’t mean concurrence (unanimity). Based on this judgement, the President is not bound by CJI’s advice.
- In Second Judges Case (1993) – The court overruled its previous decision and said CJI’s advice is binding. Further CJI is required to formulate its advice based on a collegium of judges consisting of CJI and two senior-most SC judges.
- In Third Judges Case (1998) – The court expanded the collegium to a five-member body to include the CJI and the four senior-most judges of the court after the CJI.
- The centre can refuse to accept the recommendations of collegium 1st time, however if the collegium reiterates its stand then the centre is bound to accept the recommendation.
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