SP Gupta v UoI 1981 (1st Judges’ Case)
- apex court held that President should carry out effective consultation w/ CJI and judiciary
- if complete disagreement b/w the two
- views of exec given primacy over judiciary
- court stated that effective consultation cannot be reduced to a procedural formality
- would be effective only if government gives enough weightage to use of CJI and should provide cogent reasons for not accepting his recommendations
- post this judgement, several allegations raised over politicization of judiciary
- 101st Law Commission Report also raised concerns over appt. procedure to the higher judiciary.
Second Judges’ Case 1993
- there should be concurrence of views, not mere consultation
- if disagreement b/w exec & judiciary, then don’t go forward
- thus overturned judgement in SP Gupta v UoI 1981 (1st Judges’ Case)
- when CJI gives suggestions to President regarding SC judge appt, he must consult 2 senior SC judges
- i.e. birth of collegium system
- the opinion will be binding
- senior most judge should be CJI
Third Judges’ Case 1998
- opinion of CJI is not the sole opinion
- led to Collegium System