Article:- 124A
Part of the Constitution:- V(article 124A-124C)
Struck Down by the Supreme Court in:- 2015
Background
- Third Judges Case(1998):- The court opined that the consultation process to be adopted by the chief justice of India requires Consultation of plurality judges. The sole opinion of the chief justice of India does not constitute the consultation process. He should consult a collegium of four senior most judges of the Supreme Court and even if two Judges give and adverse opinion, he should not send the recommendation to the government.
The National Judicial Appointments Commission Act,2014
Enacted by:- 99th Constitutional Amendment act
- The NJAC have replaced the collegium system of appointing judges to the supreme court and high court with a new body called the National Judicial Appointments Commission.
- In 2015, The Supreme court of India has declared 99th constitutional amendment as unconstitutional and void. Consequently, the Earlier collegium system became operative again.
- This verdict was delivered by the supreme court in the Fourth Judges case(2015).
- Fourth Judges Case(2015):- The Court opined that the new system would affect the independence of the judiciary.
Appointment of Judges
- Supreme Court
- Chief Justice:- Appointed by the President after consultation with such judges of the supreme court and high court as he deems necessary.
- Judges:- Appointed by The President after consultation with the chief justice and such other judges of the Supreme and High Court as he deems necessary.
- High Court
- Chief Justice:- Appointed by the President after consultation with the chief justice of India and the governor of the state concerned.
- Judges:- Appointed by the President after consultation with the Chief Justice of India, the Chief justice of the concerned High court and Governor of the state concerned.
