JUDGING THE JUDGES

In a first, the apex court collegium will access the judicial records and judgments of judges of High Courts for elevation to the Court. Judges find this derogatory, while the rest of the fraternity welcomes it

- Dr Abhishek Atrey

RECENTLY, the collegium of the Supreme Court led by Chief Justice of India (CJI) UU Lalit decided to access the past judicial performance of judges of different High Courts. It decided to look at their judicial records and judgments for taking a decision on their elevation to the apex court.

Among judges, this step is being seen as derogatory to their reputation and status, whereas in other judicial fraternity, it is being welcomed. Before coming to the pros and cons of the new system, it is necessary to understand the status and inter-relationship of High Courts and the Supreme Court in the Constitution.

Chapter IV of Part IV from Articles 124-147 deals with the formation, functions and powers of the Supreme Court, and Chapter V of Part VI from Article 214 to 232 deals with the formation, functions and powers of High Courts.

According to Article 124, judges of the Supreme Court may be appointed by the president in consultation with the CJI from amongst (a) Judges of High Courts who remained as such for a minimum five years, (b) from amongst advocates of not less than 10 years standing, (c) distinguished jurists. According to Article 127 ad hoc judges may be appointed in the Supreme Court, while Article 128 says that temporary judges may also be appointed to the Supreme Court from amongst its retired judges and those of the High Court who remained as judge there for a minimum five years.