The Collegium, which is headed by Chief Justice of India D.Y. Chandrachud, stated in a statement released on Tuesday (January 31) that it “took into account the seniority of Chief Justices and senior puisne judges” when recommending two names for appointment as Supreme Court justices.
What do you mean by “puisne judges” –
They, who? The word “puissant” is French in origin and signifies “later birth” or “younger,” according to the dictionary. It has a similar pronunciation to the adjective “puny,” which is used to characterize diminutive or short people in English. The term “puissante,” which simply means “seniority of position,” is almost always used in reference to judges. Any judge other than the Chief Justice of the relevant court is referred to as a puisne judge in common law countries where judges are ranked by seniority. As opposed to legislation or constitutions, judges produce the body of law known as “common law” through their written decisions (statutory law).
Judiciary precedent serves as the cornerstone of common law, which is why the terms “case law” and “common law” are sometimes used interchangeably. India and the other Commonwealth nations, including the UK, are common-law nations.
Is an Indian “puisne judge” the same as a British one –
In the United Kingdom, judges without a formal title are known as Puisne judges. According to the Supreme Court of Judicature Act, 1877, a High Court judge who was neither the Lord Chancellor, Lord Chief Justice of England, nor Master of the Rolls was known as a “puisne judge.” Every judge in India is accorded the same level of legal authority.
The Chief Justice is responsible for additional administrative tasks because he or she is the most senior judge on the court. A puisne judge in India does not affect how a judge executes their judicial authority; rather, it is solely taken into account when determining seniority for appointments, elevations to high courts, etc.
What was said regarding puisne judges by the collegium –
The Chief Justices of the Allahabad and Gujarat High Courts, Justice Rajesh Bindal and Justice Aravind Kumar, were recommended for appointment as Supreme Court justices by the collegium of the Supreme Court on Tuesday. In reaching its proposal, the collegium claimed to have “considered the seniority of Chief Justices and senior puisne judges in their various parent high courts as well as the seniority of the high court judges as a whole.”
The reason for this is that seniority is one of many factors taken into consideration when choosing individuals for higher judicial positions. In the Third Judges Case decision from 1998, the Supreme Court ruled that the Chief Justice of India must make a recommendation to appoint a Judge of the Supreme Court and to transfer a Chief Justice or puisne Judge of a High Court in consultation with the four seniormost puisne Judges of the Supreme Court. This was one of the two instances that prompted the development of the collegium system.
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