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#173: Revise Collegium | UPSC Mains GS2
Why is CJI Chandrachud led Collegium 6 member body and not 5?
Collegium is a 5 members body
BUT CJI Chandrachud led collegium is 6 members body
WHY? Potential #UPSC question!
Summarizing pointers from 3 judges cases, Collegium system & related info👇🏼
First, summary of the 3 Judges Cases?
1. First Judges Case 1981
• aka SP Gupta case
• Seven judge bench decision
• Executive is deciding authority
• Executive can disagree with CJI for cogent reasons
2. Second Judges Case 1993
• Nine judge bench decision
• reversed the verdict of 1981
• Interpreted consultation as concurrence of CJI
• CJI to make decision with a collegium of 2 senior most judges
3. Third Judges Case 1998
• President KR Narayanan sought opinion u/A 143 (SC reiterated the 1993 judgement)
• Collegium to now include 4 senior most judges
• gave legal backing to the current system of appointing judges
1. Appointment & Transfer CJI + 4 senior most judges recommend
• appointment of judges to SC and Chief Justice of HC
• the transfer of HC judges
2. HC Appointments
CJI + 2 senior most judges to recommend appointment of judges to HC What else?
To ensure that best available talent is brought to the SC Bench
• If none of the 4 senior most is to be CJI, the collegium can have next CJI as special invitee (that makes it a 6 member body)
• Justice Chandrachud led collegium is a 6 member body
Why? CJI Chandrachud would have long term, next 4 in line will retire during his CJI tenure. Thus, next CJI is a special invitee