Judicial appointments and the collegium

Judicial independence pulls against the absence of a written, reviewable standard. That tension defines why the collegium draws criticism from both executive and civil-society quarters. Articles 124 and 217 provide for appointment by the President after consultation. Three judgments shifted meaning: S.P. Gupta (1981) left the executive dominant; the Second Judges case (1993) created the collegium; the Third Judges advisory opinion (1998) fixed its composition at the Chief Justice and four senior-most judges. Parliament's alternative, the National Judicial Appointments Commission, inserted by the 99th Amendment, 2014, was struck down in 2015 as violating judicial independence. A Memorandum of Procedure now governs the process.

Sign in to see how many of these you have answered, which ones you got wrong, and to practise this topic on its own.