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Supreme Court Collegium

  Aug 31, 2021

Supreme Court Collegium

Q. Why is this in news?
A. The Supreme Court Collegium has recommended to the government nine names for appointment as judges in the court, and in the process, scripted history by naming Karnataka High Court judge B.V. Nagarathna, who may become India’s first woman CJI a few years from now. 

Q. What are the Key Recommendations?
A. 

  1. The Collegium has for the first time, in one single resolution, recommended three women judges. It has thus sent a strong signal in favour of the representation of women in the highest judiciary.
  2. It has also continued the recent trend of recommending direct appointments from the Supreme Court Bar to the Bench of the court.
  3. It has also recommended six judicial officers and a judicial member of the Income Tax Appellate Tribunal for appointment as judges of the Telangana High Court. 

Q. Who appoints judges to the SC?

A. In exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, the appointments are made by the President of India.

  • The names are recommended by the Collegium. 

Q. What is the Eligibility to become a Supreme Court judge?

A. The norms relating to the eligibility has been envisaged in the Article 124 of the Indian 

Constitution.

  1. To become a judge of the Supreme court, an individual should be an Indian citizen.
  2. In terms of age, a person should not exceed 65 years of age.
  3. The person should serve as a judge of one high court or more (continuously), for at least five years or the person should be an advocate in the High court for at least 10 years or a distinguished jurist. 

Q. Is the collegium’s recommendation final and binding?

A. The collegium sends its final recommendation to the President of India for approval. The President can either accept it or reject it. In the case it is rejected, the recommendation comes back to the collegium. If the collegium reiterates its recommendation to the President, then he/she is bound by that recommendation. 

Q. What are the Common criticism made against the Collegium system?
A. 

  • Opaqueness and a lack of transparency.
  • Scope for nepotism.
  • Embroilment in public controversies.
  • Overlooks several talented junior judges and advocates.