12 April, 2021
2 Min Read
CJI Sharad A. Bobde had recommended Justice Nuthalapati Venkata Ramana, the seniormost judge of the Supreme Court, for appointment as the 48th Chief Justice of India.
About NV Ramana:
For CJI Appointment:
For SC Judges:
For Chief Justice of High Courts:
The Chief Justice of High Court is appointed as per the policy of having Chief Justices from outside the respective States.
The Collegium takes the call on the elevation.
High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
The proposal, however, is initiated by the outgoing Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Collegium System :
Why in News
Recently, the Supreme Court (SC) questioned the government about the delay in clearing Collegium recommendations for judicial appointments to various High Courts (HC).
Collegium System: It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.
Evolution of the System:
First Judges Case (1981):
Second Judges Case (1993):
Third Judges Case (1998):
Criticism of the Collegium System:
Some Constitutional Provisions related to appointing of Judges
It is time to think of a permanent, independent body to institutionalize the process with adequate safeguards to preserve the judiciary’s independence guaranteeing judicial primacy but not judicial exclusivity.
It should ensure independence, reflect diversity, demonstrate professional competence and integrity.
Instead of selecting the number of judges required against a certain number of vacancies, the collegium must provide a panel of possible names to the President to appoint in order of preference and other valid criteria.
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