Collegium system of appointment may be placed under judicial scrutiny once again Supreme Court issues notice in petition seeking review of 1993 decision in SCAORA

The manner in which judges are elevated to the Supreme Court may come under judicial scrutiny once again. A three-judge Bench led by Chief Justice Kabir has issued notice in petition seeking a review of the nine-judge decision in the Supreme Court Advocates-on-Record Association case delivered in 1993 (SCAORA). It may be remembered that in SCAORA, the Supreme Court said that in matters of appointment and transfer of judges, it was the Judiciary which would hold primacy over the Executive. The SCAORA judgment itself was a reversal of a seven-judge decision in the 1983 case of SP Gupta v Union of India.