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Petition to Hon’ble President of India to deem and declare Collegium System of Hon’ble Supreme Court Unconstitutional as there is no mention of the collegium in preamble, neither in the original Constitution (Dr Baba Saheb Ambedkar) of India nor in successive amendments

To,

His Excellency,

The President of India,

Hon’ble Shri Ram Nath Kovind
Rashtrapati Bhavan
New Delhi: 110001

Subject: To deem and declare Collegium System of Hon’ble Supreme Court Unconstitutional as there is no mention of the collegium in preamble, neither in the original Constitution (Dr Baba Saheb Ambedkar) of India nor in successive amendments

Your Excellency,

The collegium system of appointment of judges is popularly referred to as judges-selecting-judges.The collegium system was created by two judgements of the Supreme Court in the 1990s in which a body of senior apex court judges headed by the Chief Justice of India selected persons and recommended their names for appointment as judges.

Over the course, the Hon’ble Supreme Court evolved the principle of judicial independence to mean that no other branch of the state – including the legislature and the executive – would have any say in the appointment of judges(Absolute power – Not even Supreme Court Judges in the USA which is very much matured democracy than ours  have this much power.). The Hon’ble Supreme court then created the collegium system, which has been in use since the judgment in the Second Judges Case was issued in 1993. There is no mention of the collegium in the preamble and neither in the original Constitution of India or in successive amendments. Although the creation of the collegium system was viewed as controversial by legal scholars and jurists outside India, her citizens, and notably, Parliament and the executive, have done little to replace it.

Further, in January 2013, the court dismissed as without locus standi, a public interest litigation filed by NGO Suraz India Trust that sought to challenge the collegium system of appointment.

In July 2013, Chief Justice of India P. Sathasivam spoke against any attempts to change the collegium system.

On 5 September 2013, the Rajya Sabha passed The Constitution(120th Amendment) bill, 2013, that amends articles 124(2) and 217(1) of the Constitution of India, 1950 and establishes the Judicial Appointment Commission, on whose recommendation the President would appoint judges to the higher judiciary. The critical aspect about the new setup that the Government through the amendment seeks to achieve is the composition of the judicial appointment commission, the responsibility of which the amendment bill lays on the hands of the Parliament to regulate by way of Acts, rules, regulations etc. passed through the regular legislative process.

Under the the 22-year-old court-framed collegium system of appointment and transfer of judges of high courts and the Supreme Court, the chief justice of the respective high courts and two other senior-most judges of the court comprise a collegium empowered by virtue of a 1993 judgment of the Supreme Court to identify suitable candidates, do due diligence and recommend for appointment as judges of the court.
The shortlisted candidates are scrutinized by a collegium of five senior-most judges of the apex court headed by Chief Justice of India before being cleared for an appointment. The same collegium of the apex court identifies serving judges and chief justices of high courts for elevation to the Supreme Court.

The Lok Sabha on 13 August 2014 and the Rajya Sabha on 14 August 2014 passed the National Judicial Appointments Commission (NJAC) Bill, 2014 to scrap the collegium system of appointment of Judges. The President of India has given his assent to the National Judicial Appointments Commission Bill, 2014 on 31 December 2014, after which the bill has been renamed as the National Judicial Appointments Commission Act, 2014.

By a majority opinion of 4:1, on 16 October 2015, Supreme Court struck down the constitutional amendment and the NJAC Act restoring the two-decade-old collegium system of judges appointing judges in higher judiciary. Supreme Court declared that NJAC is interfering with the autonomy of the judiciary by the executive which amounts to tampering of the basic structure of the constitution where parliament is not empowered to change the basic structure.

Your Excellency, the Petitioner checked the constitution and couldn’t found any reference to Collegium, neither in the original Constitution of India nor in successive amendments”.

THUS, SUPREME COURT COLLEGIUM IS, OF THE HON’BLE COURT, BY THE HON’BLE COURT AND FOR THE HON’BLE COURT
As there is no mention of the collegium either in the original Constitution of India or in successive amendments, Collegium System is Unconstitutional and hence should be declared and rendered unconstitutional.

Apart from Unconstitutional(as it’s mentioned neither in Preamble, nor in the original Constitution of India or in successive amendments) Collegium system gives unlimited power to top 5 Hon’ble Judges of Hon’ble Supreme Court to select Judges of Other Courts including itself  and thus this itself is discrimination against remaining Hon’ble Judges of the Hon’ble Supreme Court thus in violation of Article 14, 15 and 21 of Constitution of India as it denies equality, Discriminates and Denies Right of Dignity to those Supreme Court judges who are not in Collegium.

For the reasons mentioned above, Petitioner request your Excellency to do the needful to abolish the collegium system, either by Questioning the same to Hon’ble Supreme Court of India using Article 143 of Constitution of India or through any means available to His Excellency, Hon’ble President of India.

Your Sincerely
Sanjjiiv Kkumaar
Indian Citizen having Right of Free Speech given by Dr Baba Saheb Ambedkar(Constitution Maker)

Email: sanjjiiv@republicindia.org
Contact details at www.republicindia.org
This petition is put up by me in my personal capacity. No organization, past, present or future with which, I’ve been associated and will be associating is responsible for this. I’m doing this petition as a national, citizen and resident of India and under Freedom of Speech guaranteed by Constitution of India

 

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Copy of the Acknowledgement:


Petition was also sent to Hon’ble President of India through Email. A copy of the same for your perusal:

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Knewmax Benevolent Foundation

Human Right & Social Reforms Activist, #GenderEquality, Justice & Equality For All & Appeasement/Priveledges for None, BTech, MTech Comp Science(JNU), Area of Research: Constitution, Criminology, Penology, Human Rights, Gender Justice & Equality

Get in touch

Knewmax Benevolent Foundation
Email: contact@knewmax.org
Site: www.knewmax.org
Mob: 9013465694

Knewmax Benevolent Foundation

Human Right & Social Reforms Activist, #GenderEquality, Justice & Equality For All & Appeasement/Priveledges for None, BTech, MTech Comp Science(JNU), Area of Research: Constitution, Criminology, Penology, Human Rights, Gender Justice & Equality

Get in touch

Knewmax Benevolent Foundation
Email: contact@knewmax.org
Site: www.knewmax.org
Mob: 9013465694