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Supreme Court Alert: Talent Drain due to government delays.



  Sep 27, 2023

Judicial Appointments: Collegium System



Talent Drain in Judiciary: Supreme Court Flags Government Delays

Pending Recommendations & Segregation Issues
 
The Supreme Court raises alarm over 70 languishing recommendations for High Court judgeships, causing talent drain in the judiciary.

Name Segregation: A Cloud of Uncertainty

The Centre's practice of segregating names without clear reasons adds to the delays and introduces potential bias, eroding the judiciary's integrity.

Legal Fraternity Calls for Action

Experts criticize the government's lackadaisical approach and demand prompt resolutions. Justice Kaul commits to 10-day follow-ups and sets an October 9 deadline for the Attorney General.

Article 124 of the Indian Constitution

Originally, Article 124 of the Indian Constitution outlined that the President of India appoints the Chief Justice of India and other judges of the Supreme Court, in consultation with other judges.
The same consultative approach is also prescribed for High Court judges under Article 217.

1982 - First Judges Case

In the S.P. Gupta vs Union of India case (1982), the Supreme Court held that the term "consultation" does not mean "concurrence," thereby giving the executive the upper hand in judicial appointments.

1993 - Second Judges Case

In 1993, in the case of Supreme Court Advocates-on-Record Association vs Union of India, the Court overruled its previous decision and introduced the Collegium system.
It stated that "consultation" must mean "concurrence," giving judiciary the primary role in its own appointments.

1998 - Third Judges Case

The 1998 advisory opinion by the Supreme Court further elaborated the Collegium system,
emphasizing the collective responsibility of the Chief Justice of India and a plurality of four other senior-most judges of the Supreme Court.

2015 -Fourth Judges Case: NJAC Judgment

In 2014, the National Judicial Appointments Commission (NJAC) was established through a constitutional amendment to replace the Collegium system.
However, in 2015, the Supreme Court struck down the NJAC as unconstitutional, reverting to the Collegium system and reiterating the judiciary's autonomy in its own appointments.
 
The interplay between these milestones reflects the evolving nature of the judicial appointment process in India, a subject of ongoing debate and discussion.


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