collegium

The Constitution says the President appoints judges after “consultation” with the Chief Justice of India and other judges (Articles 124(2) and 217(1)). In the First Judges case (1981) the executive had primacy. The Second Judges case (1993) read consultation as concurrence and gave primacy to the judiciary. The Third Judges case (1998) fixed the collegium as the CJI and four senior-most judges for the Supreme Court, and the CJI and two senior-most judges for High Courts.

In 2015 the Fourth Judges case struck down the 99th Amendment and the National Judicial Appointments Commission as violating judicial independence, a basic feature. The system is not in the constitutional text; it is judge-made, with the Memorandum of Procedure governing the details.

Example

After the NJAC was struck down, appointments returned to the collegium, whose recommendation binds the government if reiterated.

In Indian law

• Articles 124(2) and 217(1), Constitution of India
• Supreme Court Advocates-on-Record Association v. Union of India, 1993 INSC 318 (Second Judges case)
• Supreme Court Advocates-on-Record Association v. Union of India, 2015 INSC 285 (NJAC struck down)

See also

judicial review · separation of powers · basic structure doctrine

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• The Supreme Court and the High Courts (Constitutional Law II)
• The basic structure doctrine: limits on constitutional amendment (Indian Constitutional Law - New Challenges)
• Judicial review, judicial activism and judicial accountability (Indian Constitutional Law - New Challenges)
• Judicial independence: appointment, transfer and removal of judges (Indian Constitutional Law - New Challenges)
• Judicial independence and judicial accountability (Judicial and Legislative Process)