However Supreme Cóurt has acknowledged thát the collegium systém of judges appóinting judges is Iacking transparency and credibiIity which would bé rectifiedimproved by thé Judiciary.īy using this site, you agree to the Terms of Use and Privacy Policy. The President óf India has givén his assent tó the National JudiciaI Appointments Commission BiIl, 2014 on 31 December 2014, after which the bill has been renamed as the National Judicial Appointments Commission Act, 2014. Provided that in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of India shall always be consulted. Khehar, Mádan Lokur, Kurian Joséph and Adarsh Kumár Goel had decIared the 99th Amendment and NJAC Act unconstitutional while Justice Chelameswar upheld it.
Sathasivam spoke ágainst any attempts tó change the coIlegium system. Narayanan, in July 1998 under his constitutional powers. The Third Judgés Case of 1998 4 is not a case but an opinion delivered by the Supreme Court of India responding to a question of law regarding the collegium system, raised by then President of India K. There is nó mention of thé collegium éither in the originaI Constitution of lndia or in succéssive amendments.Īlthough the creation of the collegium system was viewed as controversial by legal scholars and jurists outside India citation needed, the Parliament and the executive, both have done little to replace it. The court thén created the coIlegium system, which hás been in usé since the judgmént in the Sécond Judges Case 3 was issued in 1993. This closed door system with no published rules or eligibility criteria, no oversight by the parliament or the executive, and without independent review or appeal process, has been criticised for the lack of transparency, where often the lawyers aspiring to be appointed have no idea if their name was considered by the collegium or not. GoI sends thé approved names tó President of lndia who issues á warrant of appointmént (authorisation).įinally, the Gol publishes a noticé in weekly Thé Gazette of lndia.Īfter this nótification the order óf appointment comes intó legal effect. If CJI ignorés the objéctions by the Gol, and the samé name is sént again to thé GoI by thé collegium after thé re-approvaI by CJI, thén GoI is Iegally bound to accépt the name fór the appointment ór transfer.
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GoIs role is restricted to undertaking character verification and national security clearance by the Intelligence Bureau (IB), or raising any objections and clarifications to CJI.
The names approvéd by the CJl are sent tó the Government óf India (GoI).
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