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Supreme Court quashes Andhra HC order expressing disapproval of Collegium

Supreme Court quashes Andhra HC order expressing disapproval of Collegium

Supreme Court quashes Andhra HC order expressing disapproval of Collegium

Supreme Court quashes Andhra HC order expressing disapproval of Collegium

Supreme Court Quashes Andhra HC Order

Supreme Court Collegium:

Consists of CJI and four senior-most SC judges for judge appointments.

Not in the Indian Constitution.

Constitution prescribes:

  • Article 124: SC judges appointed by President after consultation.
  • Article 217: High Court judges appointed by President after consultation with CJI and Governor.

Evolution of Collegium System:

Originated from Three Judges Cases series.

  • First Judges Case (1982): Consultation ≠ concurrence, primacy to Executive.
  • Second Judges Case (1993): "Consultation" interpreted as concurrence, CJI's advice became binding.
  • Third Judges Case (1998): Primacy to CJI's opinion, consultation with four senior-most judges required.

All collegium opinions must be in writing, majority view prevails.

Even if two judges dissent, the CJI shouldn't recommend appointment to the government.

Collegium headed by CJI holds primacy in appointing judges to higher judiciary.

Recommends appointments to SC, Chief Justices of High Courts, and transfers of HC judges.

Government can raise objections, seek clarifications, but must appoint if collegium reiterates names.

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