Article 124(2) and Article 217(1) and 222(1) of the Constitution(Supreme court Judges)

On 5.4.11, special bench comprising Justices Deepak varma and B.S.Chowhan referred the case of ‘collegiums’(appointment and transfer of judges of HC/SC) to larger Bench.

Small back drop of the scenario:

-In 1993,  in the case of SC Advocate on record Association vs. UOI(2^nd -Judges transfer case),1993, 9-judge the SC  over ruled SP Gupta’s case(1^st Judges transfer case) and gave CJI should have primacy in the appointments to the higher judiciary. (Supremacy of judiciary over executive)

- In re Presidential reference(AIR 1999 Constitution Bench ruled that  “consultation” must be ‘full and effective and CJI’s opinion  formed in consonance with the ‘plurality of judges’ shall have primacy under Article 124(2) and Article 217(1)  and 222(1) of the Constitution.

 -In 2008, Law Commission favoured restoration of pre-1993 position.

-The Government on Monday asked the Supreme Court to reconsider its 1993 verdict that gave 'primacy' to the judiciary over the executive in appointment of judges in the apex court and high courts. During hearing of Suraj India Trust's petition seeking a review of the 1993 ruling that led to the collegiums system under which a panel of top SC judges select judges for the higher judiciary, Attorney General GE Vahanvati supported the petition.

-A bench headed by justice Deepak Verma sent the matter to Chief Justice of India SH Kapadia to consider if it could be referred to a larger bench in the process of  review its 1993 and 1999 verdicts.

All this review is reportedly  in the back-drop of land grabbing allegations with the Karnataka Ex- CJ P.D.Dinakaran and subsequent stoppage of  promotion into the Apex court.

            I am of the opinion that the ‘Collegium’s system’ has been evolved thoroughly being a 'second' case of ‘transfer of judges case’  and and also in viewe of the fact thta  it has not given total supremacy to the CJI/judiciary and aimed at democracy  with a ‘ voting against’ method in case of 'incompetency' of any judge.  Governments may come and  go as per the democracy but the 'judicial independence' ,of course with riders, must prevail over the executive to protect the unscrupulous governments and its policies as against the spirit of preamble of the Constitution of India.