- Appointments and transfer of judges is decided by Chief Justice of India and a forum of four senior-most judges of the Supreme Court, collegiums
- This system began through Supreme Court judgments and declared that the “primacy” of the CJI’s recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
- S. P. Gupta v. Union of India – 1981(also known as the Judges’ Transfer case)
- This case is a primary case of the CJI’s advice on judicial appointments and transfer can be refused for “cognet reasons” The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years.
- Supreme Court Advocates-on Record Association vs Union of India – 1993
- Majority verdict gave back CJI’s power over judicial appointments and transfers and CJI only need to consult two senior-most judges. “The role of the CJI is primal in nature because this being a topic within the judicial family, the Executive cannot have an equal say in the matter,” the verdict reasoned.
- Confusion exists when the CJI will take decisions one-sided decisions without consulting two colleagues and the President is reduced to only an approver.
- In re Special Reference 1 of 1998
- Based on former President K.R.Narayanan reference the Supreme Court lays down that the CJIs should consult four senior-most Supreme Court judges to form his opinion on judicial appointments and transfers.
- S. P. Gupta v. Union of India – 1981(also known as the Judges’ Transfer case)
- The above are the three cases the court evolved the principle of judicial independence to mean that no other branch of the state – including the legislature and the executive – would have any say in the appointment of judges
- Since the issue is in the judicial family CJI’s role is primal nature and confusion has began as the CJIs start taking unilateral decisions without consulting two colleagues
- Read at: http://www.thehindu.com/todays-paper/tp-national/the-validity-of-the-collegium-system/article6149777.ece
Exams Perspective: