Four judges cases in india
The Four Judges Cases in India refer to a series of landmark Supreme Court rulings that
shaped the collegium system for appointing judges to the higher judiciary. These cases
determined the extent of the executive’s role versus the judiciary’s independence in
appointing judges.
1. First Judges Case (S.P. Gupta v. Union of India, 1981)
Key Issue:
• Whether the President of India (executive) has primacy in appointing
judges or if the Chief Justice of India (CJI) holds more authority.
Judgment:
• The Supreme Court ruled that the executive (government) had the
final say in appointing and transferring judges.
• The CJI’s recommendation was not binding on the President.
• This weakened judicial independence and gave more power to the
government.
Impact:
• The executive controlled judicial appointments, which led to concerns
about political interference in the judiciary.
• This ruling was later overturned in the Second Judges Case.
2. Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of
India, 1993)
Key Issue:
• Whether the CJI’s opinion should be given more weight in judicial
appointments.
Judgment:
• The Supreme Court overruled the First Judges Case and established
the Collegium System.
• Held that the CJI’s recommendation was binding on the government.
• Introduced the “collective opinion” of senior judges (collegium) for
appointments and transfers.
Impact:
• Judicial independence was restored, and the executive lost direct
control over judicial appointments.
• Created the collegium system, where senior judges recommend
names for appointments.
3. Third Judges Case (In re: Presidential Reference, 1998)
Key Issue:
• Clarified how the collegium system should function and how many
judges should be involved.
Judgment:
• The Collegium must include the CJI and four senior-most Supreme
Court judges (total five).
• The CJI must consult all collegium members, and if two or more
judges object, the recommendation should not be sent to the government.
Impact:
• Strengthened the collegium system, making judicial appointments
more transparent.
• Limited the CJI’s individual discretion, making it a collective decision.
4. Fourth Judges Case (NJAC Case, 2015)
Key Issue:
• The validity of the National Judicial Appointments Commission
(NJAC), which aimed to replace the collegium system.
Judgment:
• The Supreme Court struck down the NJAC Act as unconstitutional,
stating that it violated judicial independence.
• Reaffirmed the collegium system as the only valid method for judicial
appointments.
Impact:
• The collegium system remained intact despite criticism of being non-
transparent.
• The executive was kept out of judicial appointments, ensuring judicial
independence.
Conclusion
The Four Judges Cases shaped India’s judicial appointment process by shifting power
from the executive to the judiciary. The collegium system, established in the Second and
Third Judges Cases, was reaffirmed in the Fourth Judges Case (2015), ensuring that
the judiciary remains independent from government interference.
