Why in News?
The Supreme Court Collegium, headed by Chief Justice of India Surya Kant, has recommended Chief Justices for four High Courts.
Key Facts for Prelims
- SC Collegium for HC appointments: Comprises the CJI + two senior-most SC judges
- SC Collegium for SC appointments: Comprises the CJI + four senior-most SC judges
- Constitutional basis for HC judges: Article 217 — appointment by the President after consultation with CJI, Governor of the state, and (for non-CJ appointments) the HC Chief Justice
- Transfer of HC judges: Article 222 — President can transfer a judge from one HC to another after consulting the CJI
- Total High Courts in India: 25
Static Exam Link: Collegium System and Judicial Appointments
- First Judges Case (1981): SC held that “consultation” does not mean “concurrence” — gave primacy to the executive
- Second Judges Case (1993): Reversed the First Judges Case — gave primacy to the CJI and introduced the collegium concept
- Third Judges Case (1998): Expanded the collegium to CJI + 4 senior-most judges for SC appointments
- NJAC (99th Amendment + Act): Parliament tried to replace the collegium with the National Judicial Appointments Commission in 2014, but the SC struck it down in 2015 as unconstitutional
- Article 217: Appointment of HC judges
- Article 222: Transfer of HC judges
- Article 224: Appointment of additional and acting judges in HCs
- Article 224A: Appointment of retired judges at sitting of HCs
Quick Revision Table
| Parameter | Detail |
|---|---|
| SC Collegium (for SC) | CJI + 4 senior-most SC judges |
| SC Collegium (for HC) | CJI + 2 senior-most SC judges |
| HC Collegium | HC Chief Justice + 2 senior-most HC judges |
| HC Judge Appointment | Article 217 |
| HC Judge Transfer | Article 222 |
| SC Judge Appointment | Article 124 |
| HC Judge Retirement Age | 62 years |
| Total High Courts | 25 |
| NJAC Struck Down | 2015 (Fourth Judges Case) |
Trap / Confusing Points
| Confusion | Correct Fact |
|---|---|
| SC Collegium has same composition for SC and HC appointments | For SC: CJI + 4 senior judges; For HC: CJI + 2 senior judges |
| Governor appoints HC judges | President appoints HC judges under Article 217; Governor is only consulted |
| NJAC replaced the Collegium system | NJAC was struck down by the SC in 2015; the Collegium system continues |
| First Judges Case gave primacy to judiciary | First Judges Case (1981) gave primacy to the executive; it was the Second Judges Case (1993) that gave primacy to CJI |
| HC Chief Justice is appointed by the state government | HC Chief Justice is appointed by the President on recommendation of the SC Collegium |
Practice MCQs
1. The Supreme Court Collegium for High Court appointments consists of:
a. CJI + 4 senior-most SC judges
b. CJI + 2 senior-most SC judges
c. CJI + HC Chief Justice + 2 senior HC judges
d. CJI alone
Ans: B
For HC appointments, the SC Collegium comprises the CJI and two senior-most judges of the Supreme Court.
2. Transfer of a High Court judge is governed by:
a. Article 217
b. Article 222
c. Article 224
d. Article 226
Ans: B
Article 222 empowers the President to transfer a judge from one High Court to another after consulting the CJI.
3. The National Judicial Appointments Commission (NJAC) was struck down by the Supreme Court in:
a. 2013
b. 2014
c. 2015
d. 2016
Ans: C
The SC struck down the NJAC Act and the 99th Constitutional Amendment in 2015 as unconstitutional.
4. Consider the following statements:
1. The Second Judges Case (1993) gave primacy to the executive in judicial appointments.
2. The total number of High Courts in India is 25.
Which of the above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Ans: B
The Second Judges Case gave primacy to the CJI (judiciary), not the executive. India has 25 High Courts.
5. Appointment of High Court judges is dealt with under:
a. Article 124
b. Article 214
c. Article 217
d. Article 224A
Ans: C
Article 217 deals with appointment and conditions of office of a High Court judge.
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