The Supreme Court’s five-member Constitution Bench headed by Justice JS Khehar today declared as functional the Collegium system of appointing judges to high courts and apex court, a process that had come to a standstill 11 months ago.
The Bench said the Collegium could begin the appointment process immediately without waiting for the proposed modifications in the system for infusing greater transparency and credibility. The other members of the Bench are Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel.
The Bench made the clarification after reserving its ruling at the conclusion of two days of submissions by legal institutions and senior advocates, suggesting changes to the Collegium system.
The resumption of the Collegium system will, however, have to wait for a fortnight, till Justice Tirath Singh Thakur takes over as Chief Justice of India (CJI) on December 3, succeeding Justice HL Dattu.
According to legal experts, the outgoing CJI will not convene a meeting of the Collegium, comprising the CJI and four senior-most SC judges, due to propriety.
The appointment process had come to a grinding halt on December 31, 2014, when President Pranab Mukherjee gave his assent to the National Judicial Appointments Commission (NJAC) Act, meant for replacing the Collegium system.
The SC Advocates-on-Record Association (SCAORA) and several legal bodies and advocates immediately challenged the validity of the Act by filing PILs in the SC. Even as the SC was hearing the PILs, the government notified the Act on April 13, 2015. Though the apex court did not stay the operation of the Act, NJAC remained a non-starter as CJI HL Dattu, who had to chair the five-member commission, refused to be part of it till the outcome of the PILs.
The Bench said the Collegium could begin the appointment process immediately without waiting for the proposed modifications in the system for infusing greater transparency and credibility. The other members of the Bench are Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel.
The Bench made the clarification after reserving its ruling at the conclusion of two days of submissions by legal institutions and senior advocates, suggesting changes to the Collegium system.
The resumption of the Collegium system will, however, have to wait for a fortnight, till Justice Tirath Singh Thakur takes over as Chief Justice of India (CJI) on December 3, succeeding Justice HL Dattu.
According to legal experts, the outgoing CJI will not convene a meeting of the Collegium, comprising the CJI and four senior-most SC judges, due to propriety.
The appointment process had come to a grinding halt on December 31, 2014, when President Pranab Mukherjee gave his assent to the National Judicial Appointments Commission (NJAC) Act, meant for replacing the Collegium system.
The SC Advocates-on-Record Association (SCAORA) and several legal bodies and advocates immediately challenged the validity of the Act by filing PILs in the SC. Even as the SC was hearing the PILs, the government notified the Act on April 13, 2015. Though the apex court did not stay the operation of the Act, NJAC remained a non-starter as CJI HL Dattu, who had to chair the five-member commission, refused to be part of it till the outcome of the PILs.
