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SC Collegium Recommends Names Of New Chief Justices For 5 High Courts

Utkarsh Classes 29-12-2023
SC Collegium Recommends Names Of New Chief Justices For 5 High Courts Supreme Court 4 min read

The Supreme Court Collegium, headed by Chief Justice of India DY Chandrachud, has recommended the names of five judges to the Central Government for appointment as Chief Justices of the five High Courts of the country.

  • The Chief Justice of Allahabad, Rajasthan, Guwahati, Jharkhand, Punjab and Haryana High Court will be appointed by the Supreme Court Collegium.

Names recommended by the Supreme Court Collegium:

  • The name of Justice Manindra Mohan Srivastava has been recommended as the Chief Justice of the Rajasthan High Court.
  • Justice Arun Bhansali's name has been recommended for Allahabad High Court.
  • Justice Vijay Bishnoi's name has been recommended for the Gauhati High Court.
  • Justice BR Sarangi's name has been recommended for the Jharkhand High Court.
  • The name of Justice Sheel Nagu has been recommended for the Punjab and Haryana High Court.

Supreme Court Collegium:

  • The body appoints and transfers judges in the High Court and the Supreme Court.
  • It is neither a constitutional nor statutory institution, but it was established through the decisions of the Supreme Court.
  • The Collegium of the Supreme Court is headed by the Chief Justice of the Supreme Court and includes four other senior-most judges.

Development of Collegium System:

First Judge Case (1981)-

  • In this decision, the Supreme Court said that the President can reject the recommendation made by the Chief Justice of the Supreme Court for the appointment of judges based on concrete reasons.

Second Judge Case (1993)-

  • In the decision of this case, the Supreme Court said that the executive can register its objection to the recommendation made by the Chief Justice for the appointment of judges.
  • After the executive's objection, whether the Chief Justice accepts or rejects the executive's objection, his decision in both circumstances will be binding on the executive.
  • In this decision, the Supreme Court said that this recommendation would not be based on the personal opinion of the Chief Justice but should be sent after consulting the two senior judges of the Supreme Court.

Third Judge Case (1998)-

  • This decision states that the Chief Justice of the Supreme Court will have to consult the four other senior judges before making recommendations regarding appointing and transferring judges.

Criticism of the collegium system:

  • There needs to be more clarity and transparency in the appointments made by the collegium.
  • Possibility of appointment based on nepotism or personal identity.
  • No public information is available about when and how the collegium decides on the appointment process and how it takes decisions.
  • There is no fixed time limit for when the collegium process will be completed.

FAQ

Ans. five high courts

Ans. Justice Arun Bhansali

Ans. The body appoints and transfers judges in the High Court and the Supreme Court.

Ans. Chief Justice of the Supreme Court

Ans. DY Chandrachud
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