Law and statutory body

Judicial Appointments, Collegium and NJAC

GS2 JudiciaryPrelims and Mains

In the news since 23 July 2026

Why in news
On 23 July 2026, the Law Minister told the Rajya Sabha in a written reply that judges are appointed under the 1998 Memorandum of Procedure, and that the NJAC Act and the 99th Amendment were struck down in 2015.
What it is
The Collegium is the system by which the Supreme Court and High Court judges are recommended. It grew out of the Second and Third Judges cases and is not named in the Constitution. The NJAC was a 2014 attempt to replace it with a commission, but the Supreme Court struck it down.
Constitutional articles
Appointments to the Supreme Court and High Courts are governed by Articles 124, 217 and 224.
Origin of the MoP
The Memorandum of Procedure was prepared in 1998 after the Second Judges case (1993), read with the Third Judges case advisory opinion (1998).
Who initiates proposals
For the Supreme Court, the Chief Justice of India initiates the proposal. For a High Court, the Chief Justice of that High Court does.
Judges cases
The First Judges case (1981) gave primacy to the executive. The Second Judges case (1993) gave primacy to the CJI and created the Collegium.

Don’t confuse with NJAC vs Collegium: The NJAC was a statutory and constitutional commission with executive members, struck down in 2015. The Collegium is a judicial creation that follows the 1998 MoP.

Don’t confuse with Second vs Third Judges case: The Second Judges case (1993) created the Collegium. The Third Judges case (1998) was a Presidential Reference opinion that set its size and process.

Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.

Test yourself

Worth revising until Prelims 2028: most news questions come within two years of the event.

Each time it was in the news

  1. 23 July 2026

    On 23 July 2026, the Law Minister told the Rajya Sabha in a written reply that judges are appointed under the 1998 Memorandum of Procedure, and that the NJAC Act and the 99th Amendment were struck down in 2015.