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SC collegium proposes Justice Bhandari as CJ of Madras High Court

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SC collegium proposes Justice Bhandari as CJ of Madras High Court

  • The Supreme Court Collegium has recommended appointing Justice Munishwar Nath Bhandari as Chief Justice of Madras High Court.
  • The Collegium, headed by Chief Justice of India N V Ramana and also comprising Justices U U Lalit and A M Khanwilkar, which met on December 14, 2021 and January 29, 2022.
  • It also recommended 14 advocates and three judicial officers for appointment as judges in Madhya Pradesh, Andhra Pradesh and Orissa HCs.

Collegium System

  • It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.
  • It has no place in the Indian Constitution and is a product of second and third judges case.

How does the collegium Works?

  • The Collegium of the Supreme Court consists of 5 senior most Judges including the Chief Justice of India.
  • They consider the elevation of Chief Justices/Judges of High Court to Supreme Court, elevation of Judges of High Courts as Chief Justices and elevation of Judges.
  • In case of difference of opinion, the majority view will prevail.
  • Since Constitution mandates consultation with the Chief Justice of India is necessary for appointments to judiciary, the collegium model evolved in pursuance to it.

Appointment of HC Judges:

  • Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI), the Governor of the State.
  • In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.
  • High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
  • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
  • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

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