The Supreme Court collegium system in India is aspect of the judiciary. It governs the appointment and transfer of judges in the higher judiciary. Recently, the Supreme Court collegium transferred Justice Yashwant Varma back to the Allahabad High Court. This decision followed the discovery of a large sum of cash at his residence. Such incidents raise questions about the integrity of the judicial system and the collegium’s role.
What is the Collegium System?
The collegium system is an informal mechanism for appointing judges in India. It evolved through judicial pronouncements known as the “Judges Cases.” The Supreme Court collegium consists of the Chief Justice of India and four senior-most judges. High Court collegiums are similarly structured but include the Chief Justice and two senior judges of that court.
How Does the Collegium Work?
The collegium recommends candidates for appointment to the Supreme Court and High Courts. High Court collegiums send their recommendations to the Supreme Court collegium for approval. The government’s role is primarily to conduct background checks through the Intelligence Bureau. If the collegium reaffirms its recommendations, the government must comply.
Criticism of the System
The collegium system faces criticism for its lack of transparency. There are no official records of meetings or decisions. This opacity leads to questions about eligibility criteria and the selection process. Lawyers often remain unaware of whether their names have been considered for judicial positions. This has caused friction between the judiciary and the government.
Proposed Alternatives
In 2000, the Justice M N Venkatachaliah Commission proposed the National Judicial Appointments Commission (NJAC) as an alternative to the collegium system. The NJAC was to include the Chief Justice, two senior judges, the Union Law Minister, and an eminent person appointed by the President. However, the Supreme Court deemed the NJAC unconstitutional in 2015, asserting that it undermined judicial primacy in appointing judges.
Current Status and Future Prospects
The collegium system remains in place despite criticisms and proposed reforms. The judiciary continues to hold the reins of judicial appointments. The debate over transparency and accountability persists. Future discussions may lead to new frameworks for judicial appointments, but the judiciary’s autonomy is likely to remain a priority.
Questions for UPSC:
- Examine the evolution of the collegium system in India and its implications on judicial independence.
- Discuss the role of the government in the judicial appointment process under the collegium system.
- Critically discuss the arguments for and against the National Judicial Appointments Commission.
- Analyse the impact of judicial appointments on the functioning of democracy in India.
Answer Hints:
1. Examine the evolution of the collegium system in India and its implications on judicial independence.
- Originated through judicial pronouncements known as the “Judges Cases”.
- Unwritten and informal mechanism for judicial appointments in India.
- Supreme Court collegium consists of the Chief Justice and four senior judges.
- High Court collegiums follow a similar structure with two senior judges.
- Implications include enhanced judicial independence but also criticisms of opacity.
2. Discuss the role of the government in the judicial appointment process under the collegium system.
- Government conducts background checks via the Intelligence Bureau on recommended candidates.
- Can raise objections but is bound to approve if collegium reaffirms its choices.
- Limited role in the actual selection process, focusing on vetting rather than decision-making.
- Relationship between judiciary and government often contentious due to transparency issues.
- Government’s role has evolved but remains secondary to the judiciary’s recommendations.
3. Critically discuss the arguments for and against the National Judicial Appointments Commission.
- Proponents argue NJAC enhances transparency and accountability in judicial appointments.
- Critics claim it undermines judicial independence by involving the executive in appointments.
- Supreme Court struck down NJAC as unconstitutional, emphasizing judicial primacy.
- Proposed composition included judiciary and executive, aiming for a balanced approach.
- Debate reflects ongoing tensions between judicial autonomy and government oversight.
4. Analyse the impact of judicial appointments on the functioning of democracy in India.
- Judicial appointments influence the balance of power within the government structure.
- Judges’ independence is crucial for upholding constitutional rights and rule of law.
- Opaque appointment processes can lead to perceptions of bias and favoritism.
- Judiciary’s role as a check on executive power is vital for democratic governance.
- Future reforms may shape the accountability and transparency of judicial appointments.
