COLLEGIUM SYSTEM VS JAC BILL:

Ø  What is the Collegium system?

·          This is the Judges appointing Judges system.

·          The 5 member committee includes CJI and the four senior-most Judges of the Supreme Court.

·         No constitutional validity.

·         What Constitution says on the matter?

§  There are two Articles-124 and 217 which deals with the appointments of Judges in Supreme Courts and High courts.

§   The Article 124 which deals with appointment of SC Judges says that President has the right to appoint the judges after consultation with CJI and other SC Judges.

§  Similarly, Article 124 which deals with appointment of HC Judges says that President has the right to appoint the judges after consultation with CJI and governor of the State. 

·         How the Collegiums system came into being?

Ø   The continuous tussle between the Judiciary and the Executive over the matter of Judges Appointment gave the genesis to this Collegiums system.

Ø   This system came into being after the series of three SC judgments, known as "Three Judges Cases".

§  In ‘First Judges Case', dated back to 1980, the former CJI P.N. Bhagwati gave the decision in favor of the Executive.

§  But the ‘Second Judges case' (1993) completely overruled the previous decision and gave the power back to Judiciary.

§  Then came the ‘Third Judges case' in which former CJI S.P. Bharucha structured collegium system of judicial appointment. CJI and 3 judges from the supreme court.

Ø  What is in JAC Bill?

Ø  The 6 membered committee will be established which will recommend the President on the matter of appointment and transfer of judges.

Ø  The committee will comprise of the CJI, two other senior most judges of the SC, the Law Minister, two eminent persons (nominated by PM), and the Leader of Opposition of the Lok Sabha.

Ø  The decision of the committee will be by consensus and in case of no unanimity then the simple majority will be the deciding factor. • The six-member Judicial Appointments Commission (JAC) will have to work within the given time frame limit.

Ø  According to report, the Bill has the provision where judges will have to declare the details of their assets and liabilities.