Current Affair 1:

As per the Constitution:

The Chief Justice of India and the other judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Indian Constitution. It is mentioned in Article 124 that appointment by the President is to be done “after consultation” with judges of the Supreme Court, as the President may “deem necessary”. In third judge case, word “consultation” would mean the “consent” of the Chief Justice.

Process:

1. Appointment to the office of the Chief Justice of India should be of the seniormost Judge of the Supreme Court considered fit to hold the office.
2. The Union Minister of Law, Justice would, at the appropriate time, seek the recommendation of the outgoing Chief Justice of India for the appointment of the next Chief Justice of India.
3. Whenever there is any doubt about the fitness of the seniormost Judge to hold the office of the Chief Justice of India, consultation with other Judges as envisaged in Article 124 (2) of the Constitution would be made for appointment of the next Chief Justice of India.
4. After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice will put up the recommendation to the Prime Minister who will advise the President in the matter of appointment.

Why collegium system was always criticized?

1. The Court did not specify how the minimum number of judges in this collegium would safeguard judicial independence and ensure non-arbitrariness.
2. No method of appointment was prescribed.
3. the Collegium had no office, no institutional staff or framework, no mechanism to gather data, and no criteria for selection.
4. The system was ad hoc and shrouded in secrecy.

Also read,

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