The three judges cases of India

The "Three Judges Cases" in India are a series of landmark judicial decisions that significantly impacted the appointment and transfer of judges in the country. These cases played a crucial role in defining the principles of judicial independence, separation of powers, and the collegium system in India's judiciary. Here are the details of each case:

1. **S. P. Gupta v. Union of India (First Judges Case) - 1981:**

   - **Background:** The case revolved around the interpretation of Article 124 of the Indian Constitution, which deals with the appointment of Supreme Court judges. The government's power to appoint judges was challenged.

   - **Decision:** The Supreme Court held that the opinion of the Chief Justice of India (CJI) in judicial appointments should be given primacy. However, the CJI's opinion should be formed in consultation with a collegium of four senior-most judges of the Supreme Court.

   - **Significance:** This case established the collegium system, where judges have a significant say in judicial appointments.

2. **Supreme Court Advocates-on-Record Association v. Union of India (Second Judges Case) - 1993:**

   - **Background:** This case dealt with the interpretation of Article 124 and the role of the CJI in judicial appointments. The government's power to appoint judges was again challenged.

   - **Decision:** The Supreme Court ruled that the CJI should consult a collegium consisting of four senior-most judges of the Supreme Court in judicial appointments. The CJI's opinion, along with the collegium's recommendation, should be determinative.

   - **Significance:** This case reaffirmed and clarified the collegium system, emphasizing the independence of the judiciary from executive interference in appointments.

3. **Special Reference No. 1 of 1998 (Third Judges Case) - 1998:**

   - **Background:** The President of India referred questions regarding the appointment of Supreme Court judges to the Supreme Court for its opinion, leading to this case.

   - **Decision:** The Supreme Court reiterated and expanded on the collegium system. It held that the CJI's opinion, along with the collegium's recommendation, should be binding on the government in judicial appointments and transfers.

   - **Significance:** This case solidified the collegium system as the primary method for judicial appointments and transfers, further strengthening judicial independence.

These three cases collectively established the collegium system, which gives significant autonomy to the judiciary in the appointment and transfer of judges, aiming to ensure judicial independence and uphold the separation of powers between the judiciary and the executive in India.