Context:

The Supreme Court questioned the government about the delay in clearing collegium recommendations for judicial appointments to various High Courts.

The Collegium system

• It is the system of appointment and transfer of judges that has evolved through judgments of the Supreme Court, and not by an Act of Parliament or by a provision of the Constitution.
• Under the system, the collegium decides the following:
  • Appointments and elevations of judges and lawyers to the Supreme Court and the High.
  • Transfer of judges to High Courts and the Apex court.

Composition of Collegium

The Supreme Court collegium is headed by the Chief Justice of India and comprises four other senior-most judges of the court.

The procedure

• CJI and SC Judges: The President of India appoints the CJI and the other SC judges.
• CJI: the outgoing CJI recommends his successor.
• SC Judges: For other judges of the apex court, the proposal is initiated by the CJI and recommended by the collegium of CJI and 4 senior-most judges.
• Chief Justice of HC: The Chief Justice of High Courts is appointed as per the policy of having Chief Justices from outside the respective States. The collegium takes the call on the elevation.
• Chief Justice of India in consultation with 2 senior-most judges recommend its appointment.

HC Judge:

• The proposal, however, is initiated by the Chief Justice of the High Court.
• The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
• The complete material would then be forwarded to the Chief Justice of India for his advice.
• The Chief Justice of India would, in consultation with the two senior-most Judges of the Supreme Court, form his opinion in regard to a person to be recommended for appointment to the High Court.