#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

Collegium Functioning

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?

Objective:

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

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