Appointment of Judges- The Collegium System

The process of appointment of judges of the Supreme Court and High Courts has been sort of a mystery. While the Constitution does contain provisions for the appointment of Judges, it does not law down a specific procedure. Presently, the appointment of Judges is carried out by the Collegium system which was developed through a series of Supreme Court Judgements, known as the Three Judges’ Cases. Judicial Appointments Bill was drafted by the previous government. This bill proposed to do away with the collegium system, which has been criticised on various grounds, and create a Judicial Appointments Commission, consisting of CJI, Supreme Court Judges, Law Minister, Law Secretary, eminent jurists and the Leader of Opposition in the Lok Sabha. Article 124 of the Constitution, which talks about appointment of Supreme Court Judges, was to be amended to make JAC as the advisory body.

Judicial Reforms, especially those related to the appointment and transfer of judges in the higher judiciary are highly desirable. Judiciary should above controversy and suspicion. The appointments should be based only on merit and not on any other factors.

Here is a detailed analysis of the COLLEGIUM SYSTEM and the <<Judicial Appointments Bill>>

Gopal Subramanium Withdraws Candidature

Mr Gopal Subramanium today withdrew his candidature for appointment as a Supreme Court Judge. This comes after the Ministry of Law and Justice rejected his name from a list of four names recommended for appointment as Supreme Court Judges. In a letter to the Chief Justice of India, Mr Subramanium described the Law Ministry’s move as a “dirt digging exercise with a clear mandate to describe me as unsuitable”. He further stated that he was being targeted for “displaying integrity and independence”. He also expressed his disappointment as the Supreme Court “did not stand by him”. As per settled law, even after a name is rejected once, the Law Ministry shall have to clear it if the collegium reiterates its recommendation.  

Mr Subramanium, a Senior Advocate, along with three others, Senior Advocate, Mr Rohinton F. Nariman, Chief Justice of Calcutta High Court, Justice Arun Mishra and the Chief Justice of Orissa High Court, Justice A.K Goel had been recommended for appointment as Judges of the Supreme Court of India. While the Law Ministry cleared the names of the other three persons, Mr Subramanium’s name was rejected after the Central Bureau of Investigation (CBI) alleged that he met with the lawyers representing the former Telecom Minister A. Raja in the 2G case. It was also alleged that he had links with the corporate lobbyist Niira Radia.  Mr Subramanium has denied these allegations in his letter.

Mr Subramanium has also served as the Solicitor General of India but resigned in 2011 over differences with the previous government.