WHAT IS COLLEGIUM SYSTEM?

The Collegium System refers to the process of appointment of judges to the Supreme Court and High Courts in India. It is a system of appointment that has evolved and has undergone significant changes in the past few decades. In this system, the appointment of judges is made by a collegium, which is a group of senior judges.

The collegium consists of the Chief Justice of India and the four senior-most judges of the Supreme Court. In the case of High Courts, the collegium consists of the Chief Justice of the High Court and two seniormost judges.

DETAILED OVERVIEW-

The Collegium System was introduced in the 1990s as a means of ensuring greater transparency and accountability in the appointment of judges.

Before this, the appointment of judges was primarily made by the government. However, there were concerns that this process was often influenced by political considerations and did not always result in the selection of the most qualified candidates.

Under the Collegium System, the process of appointment of judges is initiated by the Chief Justice of India or the Chief Justice of the High Court, as the case may be. The names of the candidates are then discussed among the members of the collegium, and a final decision is made based on consensus.

The collegium takes into account a range of factors when making its decision, including the candidate's legal expertise, professional experience, and overall suitability for the role. It also takes into account any objections or concerns raised by other members of the judiciary, as well as any feedback received from the public or other stakeholders.

ADVANTAGES-

One of the key advantages of the Collegium System is that it ensures greater independence for the judiciary. Taking the appointment process out of the hands of the government helps to insulate judges from political influence and allows them to make decisions based solely on the merits of the case before them.

However, the Collegium System has also been criticized for being opaque and lacking in accountability. Critics argue that the system is too reliant on personal relationships and does not provide adequate opportunities for public feedback or scrutiny.

In recent years, there have been calls for reform of the Collegium System. One proposal is to establish a National Judicial Appointments Commission (NJAC), which would be responsible for appointing judges to the Supreme Court and High Courts. The NJAC would consist of a mix of judicial and non-judicial members, to ensure greater transparency and accountability in the appointment process.

However, in 2015, the Supreme Court struck down the NJAC proposal, ruling that it was unconstitutional and violated the principle of separation of powers.

As a result, the Collegium System remains the primary means of appointment of judges in India.

CONCLUSION-

The collegium System is an important mechanism for ensuring the independence of the judiciary in India. While it has its shortcomings, it has played a vital role in ensuring that judges are appointed based on their qualifications and expertise, rather than political considerations.

As India continues to evolve as a democracy, it will be important to consider ways to reform the Collegium System to ensure greater transparency and accountability in the appointment of judges.