The Second Judges Case refers to a landmark judgment delivered by the Supreme Court of India in 1993. The case arose from a petition filed by the Supreme Court Advocates-on-Record Association challenging the executive’s role in the appointment and transfer of judges of the higher judiciary.
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Background of Second Judges Case
The key issue in the case was the interpretation of Article 124 and Article 217 of the Constitution of India, which deal with the appointment of judges to the Supreme Court and High Courts, respectively. The Supreme Court, in its judgment, laid down several guidelines to ensure the independence of the judiciary and the primacy of the judiciary in the appointment and transfer of judges.
Judgement
- The Constitution continued with collegium system for the appointment and transfer of judges of the higher judiciary. The collegium comprises the Chief Justice of India and the four senior-most judges of the Supreme Court.
- The executive has a limited role in the appointment and transfer of judges.
- The opinion of the Chief Justice of India is entitled to great weight in the appointment and transfer of judges. If the executive disagrees with the collegium’s recommendation, it must give reasons in writing and send the file back to the collegium for reconsideration.
- The senior-most judge of the supreme court of India will be appointed the chief justice of India.
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