SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANOTHER versus UNION OF INDIA

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION AND ANOTHER versus UNION OF INDIA

The Government of India shall finalize and supplement the Memorandum of Procedure for appointment of judges to the higher judiciary in consultation with the Chief Justice of India and the collegium of four senior-most puisne Judges, focusing on eligibility criteria, transparency, secretariat, complaints mechanism, and other matters to improve the system.

Parties
Petitioner: Supreme Court Advocates-on-Record Association; Respondent: Union of India; Intervenor: Bar Council of India
Jurisdiction
India
Judgment Date
16 December 2015
Procedural Posture
Writ Petition (civil) / Final Order
Outcome
matters disposed of
Legal Topics
Appointment of Judges, Collegium System, Transparency and Accountability
Judiciary Constitutional Law Appointment of Judges Collegium System Transparency and Accountability

Case Brief

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Parties

Supreme Court Advocates-on-Record Association

Petitioner

Union of India

Respondent

Bar Council of India

Intervenor

Procedural Posture

Writ Petition (civil) / Final Order

Legal Issues

  1. 1 How can transparency and accountability in the appointment of judges to the higher judiciary be improved within the collegium system?
  2. 2 What guidelines should be issued to supplement the Memorandum of Procedure for appointment of judges?

Ratio Decidendi

The Government of India shall finalize and supplement the Memorandum of Procedure for appointment of judges to the higher judiciary in consultation with the Chief Justice of India and the collegium of four senior-most puisne Judges, focusing on eligibility criteria, transparency, secretariat, complaints mechanism, and other matters to improve the system.

Court Disposition

matters disposed of

Orders

  • Government of India to finalize and supplement the Memorandum of Procedure for appointment of judges in consultation with the Chief Justice of India.
  • Collegium to consider eligibility criteria, transparency, collegium secretariat, complaints mechanism, and miscellaneous matters in the Memorandum of Procedure.