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Procedure for Charges against judges and Collegium system - Coggle Diagram
Procedure for Charges against judges and Collegium system
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CJ and IMP cases
SC´s 1995 Judgement
in Ravichandran Iyer cases
court laid down
members of the bar
have allegation on Judge
about misconduct or bad conduct
should meet
the HC CJ or CJI
apprise them of allegation against Judge
SC´s 1992 Judgement
laid down
procedure to deal with
allegation against
sitting judge
Allegation Judge
had to given fair opportunity
heard before inquiry committee formed
under the Judges Inquiry Act of 1968
Judgement
against publicly
making allegation
against judges
None of these two cases
Apex court had the occasion
examine
whether advocate could go ahead
make allegations against sitting judge
without first submitting
evidence backing
charges to HC CJ or CJI
P
Collegium system
SC invention says
does not mention in consti
Judges of SC and HC
appointed by President
speaks of process of consultation
sends recommendation
to Law Minister
who forwards to PM
advise to president
for Judges in HC
recommendation sent to CM
who advise Governor
to send the proposal to UoLM
CJI
recommends his successor
‘First Judges Case’ (1981) ruled
consultation with CJI
in matter of appointment
must be full and effective
rejected idea
CJI´s opinion, primacy, or weightage
Second Judges Case (1993) added
institutional opinion
formed in consultation
with 2 senior-most judges in SC
Third Judges Case (1998)
expanded collegium
to 5 member body
comprising CJI
and 4 his senior-most colleagues
Transfer
collegium also recommends
transfer of CJ and other Judges
Art 222
provide transfer of judge
from one HC to another
when CJ is transferred
replacement must also
be simultaneously found for HC
acting CJ in HC
not more than a month
all transfer
must be made in public interest
matter of transfers
opinion of CJI
is determinative
and consent of Judge
concerned in not required
Failed to keep executive interferences
attractive lure of post-retirement jobs
CJI´s allocation of cases
unchecked power
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