How is seniority decided in Supreme Court?

Principle Of Initial Date Of Appointment Valid Principle To Determine Inter-Se Seniority In Absence Of Rules To Contrary : Supreme Court. Their seniority was determined on the basis of their date of joining.

What is the collegium system for the appointment of judges to the Supreme Court of India?

It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.

Is it compulsory that senior most judge of the Supreme Court will become the chief justice of India?

The Supreme Court collegium deals with appointments of judges of the Supreme Court and the High Courts including the Chief Justices of the High Courts, though it has nothing to do with the appointment of the Chief Justice of India.

When did the collegium system was restore for the appointment of the judges in Supreme Court?

99th Amendment and NJAC Act quashed by Supreme court 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.

How is seniority decided?

Seniority is determined on the basis of date of appointment: Supreme Court. Those selected and appointed through a prior selection would rank higher to those selected and appointed through a later selection process.

How is seniority list prepared?

Seniority of an officer is determined as per order of merit given by UPSC or selecting authority or panel of promotion given by DPC. A reservation roster/points are meant only for identifying the vacancy that goes to a particular category of officer.

What is Collegium in court?

What is the Collegium System? It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court.

Is Collegium recommendation binding on president?

In what is known as the “First Judges case”, the Supreme Court decided in 1981 that the President is not bound by the recommendation of the Chief Justice. It must be noted that the collegium system doesn’t find any mention in the Constitution and is something that is a result of Supreme Court judgments.

What is Supreme Court collegium?

The Collegium of the Supreme Court consists of 5 senior most Judges including the Chief Justice of India. They will consider the elevation of Chief Justices/Judges of High Court to Supreme Court, elevation of Judges of High Courts as Chief Justices and elevation of Judges.

How many supreme courts are there in India?

1 Supreme Court
How many supreme courts are there in India? There is only 1 Supreme Court in India. And, there are 25 High Courts.

Is collegium a binding decision?

According to the MoP, if the collegium reiterates a recommendation, it is binding on the government.

How many benches are there in Supreme Court of India?

One constituent bench at Delhi, the existing Supreme Court will be the constitution bench, one regional bench at Delhi, one at Mumbai, one at Chennai and one other one in Calcutta. The Chief Justice can decide which is of constitutional importance, take those cases and post it before the constitutional bench.