Working of the G-5 and G-3 (The Supreme Court Collegiums) In India: A Critical Analysis

Abstract

This paper focuses on the working of the Supreme Court collegiums in India. The Supreme Court has different compositions for judicial appointments. The G-5 includes the Chief Justice of India has four senior-most judges of the Supreme Court while G-3 includes two senior-most judges in addition to the Chief Justice of India who heads the collegium meetings. The recommendation of the collegium is binding on the President of India. The decisions in the collegium need to be taken by consensus. The President is not bound to accept the sole opinion of the Chief Justice of India. However, the President can return the collegium's recommendations once for its reconsideration but the collegium has conclusive power to reiterate its recommendations. No timeline is prescribed during which the President of India needs to approve the judicial appointments and this lacuna helps the government to delay the appointments of judges. The central government has delayed some judicial appointments during last few years. Many people have also raised objections and concerns regarding the collegium's functioning from time to time. The author makes a critical analysis of all these issues in light of the recent developments in this article.