Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : June 12, 2017 | Author : Nehavermadme
Category : Miscellaneous | Total Views : 938 | Rating :

  
Nehavermadme
Student
 

Collegium System: Darkness Unveiled

The collegium system of appointment and transfer of judges of higher courts is followed in India. This system is widely referred as judge-selecting-judge. The system came into force after the Three Judges Case in 1993 by Supreme Court and not through any act or regulation by Parliament. Before 1993, the judges had been appointed by the recommendation of union cabinet.

The article 124(1) talks about the appointment of judges by President with the consultation of Chief Justice India thus the Constitution of India does not lay down any specific system of appointment. The appointment of Supreme Court judges is done by the collegium headed by Chief Justice of India and of four judges with the assent of President. The collegium of appointment of High Court Judges is headed by Chief Justice and consist of four other judges. After approval by Chief Justice of India it goes to the President for assent. This system of appointment and transfer of Nation’s Constitutional Courts has both the pros and cons.

The advantage of having the system is only it protects independence of judiciary from the intervention of other organs of Government .Moreover, the legislature do not possess the legal knowledge consequently unable to appraise the lawyers and their competency to become judge. The system stimulates the appointment by experienced judge who have expertise in law. But it includes prejudice by judge, they dissipate the power and recommend their own well-wisher and sometime incapable lawyers becomes judge of higher courts, who has neither legal brain nor competency. Suraz India Trust ,an NGO questioned the validity of collegium system through petition which was dismissed on the basis of inadequate Locus Standi.

In 2013, the Parliament introduced a bill that amends the provisions of article 124(2) and 217(1) and recognized the NJAC on whose recommendation the President would appoint the judge. On 5th Sept 2013, the Rajya Sabha passed the bill and the assent of president was also obtained. Later on it was struck down by Supreme Court as it undermines the independence of judiciary. Justice Jasti Chamleswar also criticized the system as it is most opaque and majority gangs up to shoot down genuine objectives against undesirable candidates being selected to be judges of higher courts.

There is no reason, no opinion is recorded, only two people decide the names and come back to the meeting and ask for a yes or no. The outside world is not aware about the happenings inside the collegium. Justice Verma had delivered the judgement of the Second Judges’ Case gave primacy to judiciary or Chief Justice Of India in the appointment of judges and ruled that the executive cannot have an equal say in the matter.

After many years justice Verma commented that the judgment needs to be reviewed and clarified that what he meant was somewhat different. Even justice Kurien also admitted that the present collegium system lacks transparency, accountability and objectivity .in fact he said that the collegium system needs to be improved requiring a ‘Glansnot’ and ‘Perestoika’. This system bolsters the debilitated trend where in fuliginous manner which also affects the decision taken by such incompetent judges consequently violates the principle of natural justice.




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Miscellaneous category
Indian Partnership Act,1932
Law on Parking Spaces
Shops & Establishment Act of Punjab & Haryana
Role Of Election Commission
Restrictive & Extensive Definitions
Judicial Review in India And USA
Doctrine of Permissible Limits Under Delegated Legislation
Tribal Laws & Customs in India
Conversion and Reservation: Christian Dalits and the obstacles to social mobility
Enabling Statute: Rules of Interpretation
Is Poverty A Cause of Corruption
Factory in The Factories act,1948
Whistleblowers and their Protection in India
Indian Legal Metrology System
Administrative law
Land Reforms & Duty Of State
Most recent articles in Miscellaneous category
Legalization of Prostitution in India: Need of the hour
Taj Mahal Palace: Now A Registered Trademark
Iritech Inc. v. Controller of Patents
Concept of Crime
Copyright License For Playing Music
Perjury Under Indian Law
Feminism and Equality: Make A Balance
Evolution of Right to privacy as Fundamental right
Law and Morality
Compulsory Licensing on Foreign Direct Investment
Loopholes in POCSO
Article 131 of the Indian Constitution
Human Elements in the Administration of Justice
legalizing abortion in India
Draconian law of section 377 IPC
Justice As Fairness

Article Comments

there are no comments...


Welcome!
Please login or register a new free account.

Random Pick
Briefly explain the legal position in relation to custody/ parental responsibility following the breakdown of a relationship or marriage.

Statistics
» Total Articles
1577
» Total Authors
4708
» Total Views
21242078
» Total categories
42

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3