1. What is the Supreme Court Advocates-on-Record Association vs. Union of India Case all about?
The Supreme Court Advocates-on-Record Association vs. Union of India case in 1993 is a landmark judgement that dealt with the process of judicial appointments to the higher judiciary in India. The case arose from concerns over the independence of the judiciary and sought to establish a more transparent and effective system for appointing judges to the Supreme Court and High Courts.
2. Facts of the Supreme Court Advocates-on-Record Association vs. Union of India Case Relevant for UPSC
- Parties Involved: Supreme Court Advocates-on-Record Association (petitioner) vs. Union of India (respondent).
- Legal Questions:
- The extent of the executive’s role in the appointment of judges to the Supreme Court and High Courts.
- The role of the Chief Justice of India (CJI) and the judiciary in the appointment process.
- Noteworthy Events:
- The petition challenged the existing process for judicial appointments, which involved significant executive influence.
- The case led to a comprehensive review of the constitutional provisions related to the appointment and transfer of judges under Articles 124, 217, and 222 of the Indian Constitution.
3. What are the Major Judgements/Changes Brought by Supreme Court Advocates-on-Record Association vs. Union of India Case?
The Supreme Court delivered a historic judgement with significant implications for judicial independence:
- The Court established the Collegium System for the appointment and transfer of judges to the Supreme Court and High Courts. The Collegium is headed by the Chief Justice of India and includes the four senior-most judges of the Supreme Court.
- It ruled that the recommendations made by the Collegium for judicial appointments are binding on the President of India, ensuring minimal executive interference.
- The judgement emphasized that the primary role in judicial appointments should lie with the judiciary to preserve its independence and integrity.
4. What was the Impact of Supreme Court Advocates-on-Record Association vs. Union of India Case on Indian Constitution?
- Enhancing Judicial Independence: The judgement significantly strengthened the independence of the judiciary by reducing executive influence in the appointment process.
- Institutionalizing the Collegium System: It institutionalized the Collegium System, ensuring a more transparent and collegial approach to judicial appointments and transfers.
- Protection of Judicial Integrity: The ruling protected the integrity and impartiality of the judiciary, ensuring that appointments are based on merit and consensus within the judicial community.
5. Was this Supreme Court Advocates-on-Record Association vs. Union of India Case Challenged/Reversed in Future?
The principles established in the 1993 judgement were reaffirmed in subsequent cases, particularly in the Special Reference No. 1 of 1998 (Third Judges Case), which further clarified the functioning of the Collegium System. Although there have been debates and attempts to reform the system, the Collegium System continues to be the basis for judicial appointments in India.
6. Doctrines/Theories/New Concepts
- Collegium System: The case introduced and institutionalized the Collegium System, where a collective body of senior judges, led by the Chief Justice of India, makes binding recommendations for judicial appointments and transfers.
- Doctrine of Judicial Primacy in Appointments: The case established the principle that the judiciary should have the primary role in the appointment and transfer of judges to ensure its independence and protect against executive overreach.