SC to examine Constitutional validty of collegium system

Supreme Court framed a set of 10 vital questions for consideration by a larger bench on the Constitutional validity of the present collegium system.

Last Updated: Apr 05, 2011, 21:22 PM IST

New Delhi: The Supreme Court on Tuesday framed a
set of 10 vital questions for consideration by a larger bench
on the Constitutional validity of the present collegium system
which gives primacy to the judiciary over the executive in the
appointment of apex court and high court judges.

A special bench of justices Deepak Verma and B S
Chauhan, which referred the matter to the Chief Justice of
India on Monday, passed a detailed order formulating the
questions for consideration by a larger bench.

The bench wanted the apex court to consider afresh
whether the judiciary has the power to appoint judges on its
own and whether the President of India and the Union Cabinet
is bound by the advice of the Chief Justice of India.
The issues assumes importance as the present system of
judges appointment has come under sharp criticism from various
quarters particulary in the wake of the controversey
surrounding allegations of landgrabbing and misconduct against
Justice P D Dinakaran whose elevation was stalled to the
Supreme Court.

The questions framed by the special bench are:

1. Whether the rulings of the seven-judge bench judges
in the SC Advocates on Records Association case and nine-judge
bench judgement in 1998 in the Presidential reference was in
conformity with Article 124(2) of the Constitution. The
Article relates to appointment of judges in the SC and High
Courts.

2: Whether there exists any collegium system of
appointment in the Constitution.
3: Whether the Constitution can be amended by a judical
verdict.

4: Whether there was a Constitutional scheme that the
Supreme Court and High Court judges can be appointed by mutual
discussion and consensus between the judiciary and the
executive or the judiciary alone can appoint judges.

5: Whether consultation means concurrence.

PTI