The collegium system of judges’ appointments has come under judicial scrutiny again, through a petition for review of the Supreme Court’s nine-judge bench verdict in 1993 in Advocates on Record Association V Union of India.

The petition filed by a Rajasthan-based trust prays for an 11-judge bench to reverse the 1993 decision upholding the primacy of the collegium system.

Chief justice of India Altamas Kabir and justices SS Nijjar and Jasti Chelameswar are hearing the matter, after a bench of justices Deepak Verma and BS Chauhan referred it to the chief justice’s bench last year. Senior advocate AK Ganguli with advocate Bharat Sangal are the amicus curiae. Attorney General Vahanvati and the government have been issued notices.

Ganguli told the court that the procedure adopted in the collegium system "is contrary to constitutional foundations of democracy, separation of powers and checks and balances”. He added that the system “resulted in an anomaly in as much the executive no longer has to share any responsibility in filling up of vacancies in the courts; the entire responsibility being that of the collegium”.

Vahanvati argued that even though the 1993 decision should be reconsidered, the petition filed by a trust was not maintainable under Article 32 of the constitution. [Express]

The collegium system was most recently under the Supreme Court’s consideration in 1998 under a presidential reference. [via @jimanish]