Supreme Court Advocates-on-Record Association
Supreme Court Advocates-on-Record Association v. Union of India
Citation: (1993) 4 SCC 441
Also known as: Second Judges Case
🧑⚖️ Background:
This case is one of the most significant in the constitutional history of India concerning judicial appointments. It reinterpreted Articles 124 and 217 of the Constitution (related to appointment of judges to the Supreme Court and High Courts).
🧵 Context:
The First Judges Case (S.P. Gupta v. Union of India, 1981) had held that the Executive had primacy in judicial appointments and transfers.
However, concerns grew over judicial independence and executive interference.
In the Second Judges Case, the Supreme Court Advocates-on-Record Association (SCAORA) challenged the earlier view.
⚖️ Judgment Highlights:
The Supreme Court overruled the First Judges Case (1981).
Held that the Chief Justice of India (CJI) must have primacy in judicial appointments.
Introduced the "Collegium System", where appointments to the higher judiciary are recommended by a body of senior judges, not unilaterally by the executive.
The collegium would include:
The Chief Justice of India
Plus two senior-most judges of the Supreme Court (later expanded to 4 in the Third Judges Case, 1998).
🛡️ Significance:
Strengthened judicial independence.
Limited the role of the Executive in judicial appointments and transfers.
Set the stage for a more transparent and consultative appointment mechanism (though later criticized for lack of transparency).
📚 Related Cases:
First Judges Case – S.P. Gupta v. Union of India (1981)
→ Executive primacy in appointments.
Second Judges Case – SCAORA v. Union of India (1993)
→ Judicial primacy; collegium system introduced.
Third Judges Case – Re Presidential Reference (1998)
→ Clarified collegium should include CJI + 4 senior-most judges.
Fourth Judges Case – Supreme Court Advocates-on-Record Assn. v. Union of India (2015)
→ Struck down the NJAC (National Judicial Appointments Commission) as unconstitutional.
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