EFFECTIVE CONSULTATION

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Context:

The Supreme Court has asked the Himachal Pradesh High Court collegium to review the names of two judicial officials it nominated for promotion to the bench.

Details

• In Himachal Pradesh, two senior lower court judges were allegedly promoted to the high court due to a lack of effective consultation among the high court collegium.
• The Supreme Court recently declared that appointing judges is not the privilege of a single individual's privilege, but an effective collective process by all members of the collegium.
• The court highlighted the need for ensuring transparency in appointments to sustain public trust.

Collegium System

• The process of appointing judges to the High Courts and the Supreme Court follows a system known as the "collegium system."
  • • This process was established by the Supreme Court in the "Second Judges Case" (1993) and strengthened in the "Third Judges Case" (1998).
    • The collegium system ensures that the judiciary has a significant say in the appointment and transfer of its members.
    • This method was designed to protect the independence of the judiciary from political influences.

How the Collegium System Works?

• The High Court Collegium is composed of the Chief Justice of the High Court and the two most senior judges of that court.
  • • They make recommendations for new judges or transfers within their court.
• The Supreme Court Collegium consists of the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court.
  • • They review and finalise recommendations sent by the High Court collegiums.
• While the government can delay the appointment, it cannot reject the collegium’s recommendations The final authority rests with the judiciary.
• Judges of the Supreme Court and High Court are appointed by the President.

The Recent Supreme Court Ruling

• The Supreme Court reviewed the process followed by the Himachal Pradesh High Court collegium regarding judicial appointments.
• The Court directed the Himachal Pradesh High Court collegium to reconsider the original recommendations.
  • • The Court highlighted that any decision regarding appointments must be taken after collective discussion among all members of the High Court collegium.
• The ruling highlighted the importance of seniority in judicial appointments.
  • • Senior judges should be given preference for higher positions.
• The requirement for effective consultation ensures that no single individual has any influence over the appointment process.
  • • This effective consultation aims to promote transparency and fairness.
• The ruling highlights the judiciary’s commitment to maintaining fairness and transparency in the appointment process.

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JUDICIAL APPOINTMENTS

Source:

Indian Express

PRACTICE QUESTION Q. Consider the following statements: 1. The President can reject the recommendations made by the Supreme Court Collegium. 2. Fundamental Rights and Directive Principles of State Policy are equally enforceable by the Supreme Court. 3. Judicial activism is always consistent with the principle of separation of powers. How many of the above statements are correct? A) Only one B) Only two C) All three D) None   Answer: D Explanation: Statement 1 is incorrect: ●The Supreme Court Collegium recommends judicial appointments and transfers. ●While the President officially elects judges, he cannot reject the Collegium's recommendations. ●If the President has concerns, he can ask the Collegium to reconsider, but the Collegium's decision is final. Statement 2 is incorrect: ●The Supreme Court and High Courts enforce fundamental rights under Articles 32 and 226 of the Indian Constitution. ●The Directive Principles of State Policy, outlined in Part IV of the Constitution, are not enforceable in court. They serve as guides for the state's governance, but they lack the legal enforceability of Fundamental Rights. Statement 3 is incorrect: ●Judicial activism refers to the judiciary's proactive role in interpreting laws and enforcing justice, which occasionally extends into the domains of the administration and legislature. ●It can be useful in addressing issues where other departments are inactive, it does not always follow the principle of separation of powers, which advocates for each branch of government to function separately and independently.