CJI Vows Transparency in Collegium Appointments

Collegium System of India:

1. The Collegium System is the mechanism through which judges are appointed and transferred in the Higher Judiciary of India, i.e., the Supreme Court and High Courts.

Key Features:

1. Composition:
   1. For Supreme Court appointments: CJI + 4 senior-most judges of the Supreme Court.
   2. For High Court appointments: CJI + 2 senior-most SC judges, and consultation with the concerned High Court collegium (CJI of the High Court + 2 senior-most judges of that HC).
2. Function:
   1. Recommends names for appointment of judges to the President.
   2. Also handles the transfer of High Court judges.
3. Not in Constitution:
   1. The collegium system is not mentioned in the Constitution. It evolved through Supreme Court judgments known as the Three Judges Cases:
      1. First Judges Case (1981): The Supreme Court ruled that "consultation" with the CJI for judicial appointments does not mean concurrence, giving primacy to the executive.
      2. Second Judges Case (1993): Overturned the earlier ruling and held that "consultation" means concurrence, giving primacy to the judiciary. The CJI’s advice, given after consulting two senior-most judges, became binding.
      3. Third Judges Case (1998): Expanded the collegium to include the CJI and four senior-most judges of the Supreme Court. Recommendations must not be sent if two or more judges dissent, ensuring plurality in decision-making.
4. No Legislative Backing:
   1. It operates through judicial precedent and convention, not legislation.

Current Status:

1. The National Judicial Appointments Commission (NJAC) Act (2014) aimed to replace it but was struck down by the Supreme Court in 2015, citing judicial independence.
2. Thus, the Collegium remains in place and continues to operate as the current system for higher judicial appointments.

Challenges

Way Forward

Lack of transparency in earlier collegium decisions

Institutionalize clear, time-bound disclosure norms for decisions and reasons.

Allegations of favoritism or bias in appointments

Develop objective, publicly known criteria for evaluation of candidates.

Delays in elevation of deserving judges due to internal disagreements

Improve internal communication and decision-making protocols among collegium members.

Perceived centralization of power in the office of the CJI

Strengthen collegial decision-making with equitable voice for all senior judges.

External pressures (political/social) influencing selections

Safeguard the system with legal and procedural buffers ensuring independence from outside forces.

EnsureIAS Mains Question:

The Collegium System has ensured judicial independence but lacks transparency and accountability." Discuss in the context of recent debates on judicial appointments. (250 Words)

EnsureIAS Prelims Question:

Q. With reference to the Collegium System in India, consider the following statements:

1. The Collegium System is mentioned in the Constitution of India.
2. It evolved through a series of Supreme Court judgments.
3. The Collegium for Supreme Court appointments consists of the Chief Justice of India and four senior-most judges of the Supreme Court.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer: b

Explanation:

Statement 1 is Incorrect– The Collegium System is not mentioned in the Constitution.

Statement 2 is Correct– It evolved through the First, Second, and Third Judges Cases.

Statement 3 is Correct– The SC Collegium consists of the CJI and four senior-most SC judges.