• The Supreme Court uploaded statements of assets of judges on its website, in accordance with a full-court decision to place the relevant details in the public domain.

• The full court of the Supreme Court of India decided that the statements of assets of the judges of this court shall be placed in the public domain by uploading the same on the website. 

• Statements of assets of judges already received are being uploaded. Statements of assets of other judges will be uploaded as and when the current statement of assets is received.

• The Supreme Court has also placed the complete process of appointments to the High Courts and the Supreme Court, including the role assigned to the High Court Collegium, the role of and inputs received from the state governments, government of India and consideration by the Supreme Court Collegium, on its website for the knowledge and awareness of the public.

Supreme Court Collegium

• The collegium system is a forum including the Chief Justice of India and four senior-most judges of the SC, which recommends appointments and transfers of judges. 

• Judges of the higher judiciary are appointed only through the collegium system, and the government has a role only after names have been decided by the collegium.

• The Indian Constitution does not explicitly mention the collegium system for the appointment of judges to the Supreme Court and High Courts. Instead, the collegium model evolved through judicial interpretations over time, primarily based on Articles 124 and 217.

What the Constitution Prescribes:

• Article 124: Deals with the appointment of judges to the SC. It mandates that appointments should be made by the President, after consultation with such judges of the SC and HCs as the President deems necessary. The Chief Justice of India must be consulted for all appointments, except for their own.

• Article 217: Deals with the appointment of judges to the HCs. It specifies that judges are appointed by the President after consulting the CJI, the Governor of the state, and the Chief Justice of the concerned HC. 

Evolution of the Collegium System

• The collegium system arose due to judicial interpretations of the term “consultation” in the appointment process, particularly through three landmark cases known as the Three Judges Cases.

• First Judges Case (1982): The SC ruled that consultation with judges did not mean concurrence. This judgment gave primacy to the Executive (i.e., the government) in the appointment process.

• Second Judges Case (1993): This ruling reversed the earlier decision, interpreting “consultation” as concurrence, meaning the CJI’s advice became binding in the appointment of judges. However, the CJI was required to consider the views of two senior-most colleagues.

• Third Judges Case (1998): The SC clarified that the CJI’s opinion in judicial appointments should be formed in consultation with a collegium consisting of the four senior-most judges of the SC.

• All opinions of collegium members must be in writing, and the majority view would prevail in case of disagreements.

• If two or more collegium members oppose a candidate, the CJI should not forward the recommendation to the government.

• These judgments collectively established the collegium system, giving primacy to the judiciary over the Executive in judicial appointments.

Role of the Executive

• The government has no direct role in selecting judges. It acts after the collegium makes its recommendations.

• The government may conduct background checks through the Intelligence Bureau (IB) for lawyers being elevated to the HC or SC. 

• It can raise objections or request clarifications regarding the collegium’s choices, but if the collegium reiterates its recommendation, the government is bound to comply and make the appointment.

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