• • Case: Himachal Pradesh HC collegium recommended two judges for elevation in Dec 2022. SC collegium requested reconsideration, prompting a review.
  • Issue: Two initially recommended judges challenged the decision, claiming their seniority was overlooked.
• SC Ruling:

• • SC reviewed the process of “effective consultation.”
  • Held that consultation must involve collective decision-making by the Chief Justice and two senior-most judges of the HC.
  • SC stressed the need for procedural adherence in judicial appointments, ensuring transparency and fairness.

Procedure for Appointment of High Court Judges

• Collegium System:
  • Established via Second Judges Case (1993) and Third Judges Case (1998).
  • CJI and 2 senior-most SC judges recommend appointments.
  • Process involves consultation with the concerned HC Chief Justice and senior HC judges.

• Memorandum of Procedure (MoP):
  • Recommendations are made by the HC collegium and reviewed by the central government, but final approval rests with the President.
  • Government’s role is limited to delaying or raising concerns.

Collegium System of Judicial Appointments

• • About: Appointment and transfer of SC and HC judges through the collegium system, evolved through SC judgments.
• Key Cases:

• • First Judges Case (1981): Gave primacy to the executive.
  • Second Judges Case (1993): Introduced collegium system, making SC’s recommendations binding.
  • Third Judges Case (1998): Expanded collegium to 5-member body, defined conditions for challenging recommendations.

Demerits of the Collegium System

• Lack of transparency and public insight.
• Potential for nepotism (Uncle Judge syndrome).
• Delays and inefficiency due to absence of a permanent appointments commission.