Collegium System in India

Context

CJI B.R. Gavai reaffirmed the judiciary’s commitment to a transparent, merit-based, and socially inclusive collegium system for judicial appointments. His remarks, made at a Bombay Bar Association event, come amid heightened concerns over external interference and demands for greater accountability in the process.

Collegium System

Definition and Constitutional Basis

The Collegium System is a mechanism for appointing judges to the Supreme Court and High Courts.
It is based on judicial interpretation of the Constitution; not mentioned explicitly in the Constitution.
Primarily derives its legitimacy from Articles 124(2) and 217(1).

Evolution Through Judicial Pronouncements

First Judges Case (1981): Gave primacy to the executive in judicial appointments.
Second Judges Case (1993): Shifted primacy to the judiciary; established the collegium system.
Third Judges Case (1998): Clarified the composition and procedure; CJI + 4 senior-most SC judges.

Composition of Collegium

Supreme Court Collegium: CJI + 4 senior-most Supreme Court judges.
High Court Collegium: Chief Justice of the HC + 2 senior-most HC judges.

Functions of Collegium

Recommends appointments and transfers of judges in High Courts and the Supreme Court.
Plays a crucial role in maintaining judicial independence.
Sends recommendations to the Law Ministry ? then to the President for appointment.

Procedure for Appointment

Chief Justice of India is usually the senior-most SC judge.
For SC judges: Proposal initiated by CJI with collegium concurrence.
For HC judges: Proposed by HC Collegium ? vetted by SC Collegium.
Final appointment made by President of India.

Criticism of the System

Lack of transparency in decision-making.
No formal mechanism for recording reasons or ensuring accountability.
Exclusion of the executive and legislature, raising concerns over checks and balances.

Efforts for Reform

National Judicial Appointments Commission (NJAC) Act, 2014 was passed to replace collegium with a broader body.
Struck down in 2015 by the Supreme Court as violating the basic structure (judicial independence).

Recent Developments

CJI B.R. Gavai emphasized transparency, merit, and inclusive representation in appointments.
Steps taken to publish collegium decisions online to ensure public accountability.

Way Forward

Institutionalize clear criteria for selection.
Ensure diversity in appointments (gender, caste, region).
Introduce external oversight mechanisms without compromising judicial independence.