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5th July 2025 (10 Topics)

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.

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