{"id":20373,"date":"2024-02-11T12:24:26","date_gmt":"2024-02-11T06:54:26","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=20373"},"modified":"2025-04-06T00:53:51","modified_gmt":"2025-04-05T19:23:51","slug":"scc","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/scc\/","title":{"rendered":"What is Supreme Court Collegium?"},"content":{"rendered":"<h2>About Supreme Court Collegium<\/h2>\n<ul>\n<li>\u00b7 It is a system\u00a0under which\u00a0appointments and transfers of judges are\u00a0decided by a forum of the Chief Justice of India\u00a0and the four senior-most judges of the Supreme Court (SC).<\/li>\n<li>\u00b7 It has\u00a0no place in the Indian Constitution.<\/li>\n<li>\u00b7 What does the Constitution actually prescribe?\n<ul>\n<li>o Article 124\u00a0deals with the\u00a0appointment of SC judges. It says the appointment should be\u00a0made by the President\u00a0after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary.\u00a0The\u00a0CJI is to be consulted in all appointments,\u00a0except his or her own.<\/li>\n<li>o Article 217\u00a0deals with the\u00a0appointment of High Court judges. It says a judge should be appointed\u00a0by the President after consultation with the CJI\u00a0and the\u00a0Governor of the state. The\u00a0Chief Justice of the High Court concerned too\u00a0should be consulted.<\/li>\n<\/ul>\n<\/li>\n<li>\u00b7 Evolution of the Collegium System:\n<ul>\n<li>o Since the\u00a0Constitution mandates consultation with the CJI is necessary for appointments to the judiciary, the collegium model evovled.<\/li>\n<li>o It\u00a0has its genesis in a series of three judgments that are now clubbed together as the\u00a0Three Judges Cases.<\/li>\n<li>o First Judges Case (1982):<\/li>\n<\/ul>\n<\/li>\n<li>\u00b7 The SC held that &#8220;consultation&#8221; of judges\u00a0does not mean concurrence.<\/li>\n<li>\u00b7 Hence, it\u00a0gave primacy in the appointment of judges\u00a0to the Executive.\n<ul>\n<li>o Second Judges Case (1993):<\/li>\n<\/ul>\n<\/li>\n<li>\u00b7 The court reversed its earlier ruling by changing the\u00a0meaning\u00a0of &#8220;consultation&#8221; to concurrence.<\/li>\n<li>\u00b7 With this, the\u00a0advice tendered by CJI became binding. However, the CJI would\u00a0have to take into account the\u00a0views of two of his senior most colleagues.\n<ul>\n<li>o Third Judges Case (1998):<\/li>\n<li>o The court gave\u00a0primacy to the opinion of CJI in the matter of the appointment of Judges.<\/li>\n<li>o However, the CJI\u00a0must consult four seniormost judges of SC.<\/li>\n<li>o Opinion of all members of the collegium\u00a0should be in writing.<\/li>\n<li>o In case of difference of opinion, the majority view will prevail.<\/li>\n<li>o Even if two judges in the collegium\u00a0give an adverse opinion of a person for appointment as the SC judge, the\u00a0CJI should not send the recommendation to the government.<\/li>\n<\/ul>\n<\/li>\n<li>\u00b7 These three cases established that the collegium headed by the Chief Justice of India will have primacy in the appointment of judges to the higher judiciary.<\/li>\n<li>\u00b7 This\u00a0collegium makes recommendations to the government\u00a0for appointment of judges\u00a0to the SC and of Chief Justices of High Courts, and the transfers of HC judges.\n<ul>\n<li>\u00b7 Executive role:<\/li>\n<li>o Judges of the higher judiciary are thus appointed only through the collegium system, and the government has a\u00a0role only after names have been decided by the collegiums.<\/li>\n<li>o The government\u2019s role is\u00a0limited to getting an inquiry conducted by the Intelligence Bureau (IB)\u00a0if a lawyer is to be elevated as a judge in a High Court or the Supreme Court.<\/li>\n<li>o The\u00a0government can also raise objections\u00a0and seek clarifications regarding the collegium\u2019s choices, but if the collegium reiterates the same names, the\u00a0government is\u00a0bound to appoint them.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<hr \/>\n<h3>Q1) What is the Intelligence Bureau (IB)?<\/h3>\n<p>IB is an internal intelligence agency of India which is used to gather intelligence from within India and also execute counter-intelligence and counter-terrorism tasks. In addition to domestic intelligence responsibilities, the IB is particularly tasked with intelligence collection in border areas, following the 1951 recommendations of the Himmatsinhji Committee (also known as the North and North-East Border Committee), a task entrusted to military intelligence organizations, prior to independence in 1947.It comes under the administrative control of the Ministry of Home Affairs.<\/p>\n<p><strong>Source: <\/strong><a href=\"https:\/\/indianexpress.com\/article\/india\/delhi\/supreme-court-quashes-andhra-hc-order-expressing-disapproval-of-collegium-and-castigating-jagan-9154023\/\" target=\"_blank\" rel=\"nofollow noopener\"><u>Supreme Court quashes Andhra HC order expressing disapproval of Collegium and castigating Jagan<\/u><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Supreme Court Collegium is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court (SC).<\/p>\n","protected":false},"author":5,"featured_media":20374,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":{"0":"post-20373","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-upsc-prelims-current-affairs","8":"no-featured-image-padding"},"acf":[],"_links":{"self":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/20373","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/comments?post=20373"}],"version-history":[{"count":0,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/20373\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media\/20374"}],"wp:attachment":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media?parent=20373"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/categories?post=20373"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/tags?post=20373"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}