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Collegium Under Scanner as Centre Delays Appointments Again
Why Collegium System is in News Now
- Centre assured SC it will soon notify appointment of Justice Siddharth Mridul as CJ of Manipur HC
- Centre has forwarded 70 names approved by states for appointment as HC judges
- But Centre has delayed notifying appointments recommended by Collegium
- This has led to friction between judiciary and executive over judicial appointments
The Collegium system of judicial appointments has come into focus recently due to friction between the judiciary and executive. The Centre assured the Supreme Court that it would soon notify the appointment of Justice Siddharth Mridul as Chief Justice of the Manipur High Court. It has also forwarded 70 names approved by states for appointment as High Court judges. However, the Centre has delayed notifying several appointments recommended by the Collegium. This selective treatment of the Collegium’s recommendations has led to conflict between the judiciary and executive regarding the process for judicial appointments.
Collegium system Overview
| Sections | Details |
|---|---|
| Origin |
|
| Structure |
|
| Criticism |
|
| Past Reform Attempt | NJAC Act, aimed at reform, was overruled by SC in 2015 |
| Core Concern | Need a balance between judicial freedom and public responsibility |
| Suggested Reforms |
|
| Conclusion | While upholding judicial autonomy, the Collegium system requires increased openness and accountability. |
What is the Collegium System?
The Collegium system refers to the process by which judges are appointed to the higher judiciary in India – the Supreme Court and the High Courts.
Evolution of the Collegium System
- Not mentioned in Constitution, evolved through 3 Judges cases
- 1st Judges case (1981): CJI opinion has no primacy over HC CJ opinion
- 2nd Judges case (1993): CJI opinion has greatest significance
- 3rd Judges case (1998): CJI must consult Collegium of 4 senior judges
The Collegium system is not mentioned in the Constitution of India. It has evolved through judgments delivered by the Supreme Court in three specific cases related to judicial appointments known as the Three Judges Cases.
In the First Judges Case (1981), the Supreme Court held that the opinion of the Chief Justice of India does not have primacy over the opinion of the Chief Justice of a High Court. Both opinions have equal importance in the consultation process for judicial appointments.
In the Second Judges Case (1993), the Supreme Court overturned its previous judgment. It held that the opinion of the CJI has the greatest significance in matters of appointment and transfers of judges.
The Third Judges Case (1998) introduced the Collegium system. The SC ruled that the CJI must consult a Collegium or body of 4 senior-most judges of the Supreme Court when recommending appointments.
Composition and Functions of the Collegium
- Headed by CJI, 4 senior-most SC judges
- Recommends appointments of SC and HC judges
- Also recommends transfers of HC CJs and SC/HC judges
The Collegium is headed by the Chief Justice of India. It comprises the 4 senior-most judges of the Supreme Court.
The Collegium recommends appointments of judges to the Supreme Court and the High Courts. It also recommends transfers of High Court Chief Justices and judges of the Supreme Court and High Courts.
Appointment Process Under Collegium System
- CJI appointment: Outgoing CJI recommends successor, by seniority
- Other SC judges: CJI consults Collegium and senior-most HC judge
- HC CJs: Policy of outside appointments, Collegium takes decision
- HC judges: Recommended by HC CJ and 2 senior judges
The appointment of the Chief Justice of India (CJI) is done by the outgoing CJI recommending his successor, strictly by seniority, ever since the supersession controversy of the 1970s.
For other Supreme Court judges, the proposal is initiated by the CJI. The CJI consults the Collegium members as well as the senior-most judge of the High Court to which the recommended person belongs.
High Court Chief Justices are appointed as per the policy of having Chief Justices from outside the respective states. The Collegium takes the decision on their elevation.
High Court judges are recommended by a Collegium comprising the CJI and two senior-most Supreme Court judges. The proposal is initiated by the Chief Justice of the High Court in consultation with two senior-most colleagues.
Criticism of the Collegium System
- Lacks transparency and accountability
- Scope for nepotism, arbitrary appointments
- Opaque process, no public scrutiny
- Concentration of power with judiciary
- No formal eligibility criteria or selection process
The Collegium system has been criticized on several grounds:
It lacks transparency and accountability as there is no public scrutiny of the selection process. The opaque process provides scope for nepotism and arbitrary appointments. The concentration of powers in the hands of the judiciary goes against the doctrine of separation of powers. There are no formal eligibility criteria or selection procedure laid down for judicial appointments.
Previous Attempt at Reform – NJAC Act
- NJAC proposed to replace Collegium with 6-member body
- SC struck down NJAC Act in 2015 as unconstitutional
- Cited threat to judicial independence
The National Judicial Appointments Commission (NJAC) Act was passed in 2014 to replace the Collegium system with a 6-member body for appointments.
However, the Supreme Court struck down the NJAC Act in 2015 as unconstitutional since it posed a threat to the independence of the judiciary.
Need for Balance Between Independence and Accountability
- Judiciary must be independent of executive influence
- But opaque system reduces public confidence
While the judiciary must remain independent of executive influence, the opaque Collegium system has reduced public confidence.
There is a need to balance judicial independence with accountability and transparency.
Final Thoughts
- Make Collegium system more transparent
- Finalize Memorandum of Procedure for appointments
- Consider alternatives like AIJS for lower judiciary
- Improve SC-Centre coordination on appointments
Make the Collegium system more transparent by publishing details of the appointment process. Finalize the Memorandum of Procedure to bring more accountability. Consider alternatives like the All India Judicial Service for appointments to the lower judiciary Improve coordination between the Supreme Court and Centre to streamline the appointment process
FAQ
Who established Collegium system?
The Collegium system was established by the Supreme Court of India through judgments in the Three Judges Cases in 1981, 1993 and 1998. It is the Supreme Court’s invention and does not figure in the Constitution.
Who heads the Collegium system in India?
The Collegium is headed by the Chief Justice of India (CJI).
What is 5:1 Collegium system?
The 5:1 Collegium system refers to the Collegium comprising the CJI and four senior-most judges of the Supreme Court, as ruled in the Third Judges Case (1998).
