What is Collegium system in India?
The Collegium system is a process of appointment and transfer of judges in the higher judiciary of India. It was first introduced in the Supreme Court in the 1993 case of Supreme Court Advocates-on-Record Association v. Union of India, commonly known as the “Judges Case.”
Under the Collegium system, the Chief Justice of India (CJI) and a group of senior judges, known as the Collegium, are responsible for making recommendations for appointments and transfers of judges to the Supreme Court and High Courts. The Collegium consists of the CJI and the four senior-most judges of the Supreme Court.
The process of appointment and transfer under the Collegium system begins with the Chief Justice of a High Court or the CJI making a recommendation to the Collegium. The Collegium then considers the recommendation and, if it is in agreement, sends it to the government for approval. The government can either approve or reject the recommendation, but it does not have the power to make any changes to it.
One of the main criticisms of the Collegium system is that it is not transparent. There is no formal procedure for the selection of judges, and the reasons behind the Collegium’s decisions are not made public. This lack of transparency has led to accusations of favoritism and nepotism in the selection process.
Another criticism of the Collegium system is that it is not accountable to any external body. There is no mechanism in place for challenging the decisions of the Collegium, and it is not required to provide any justification for its actions.
Despite these criticisms, the Collegium system has continued to be used in India, with some modifications. In 2015, the National Judicial Appointments Commission (NJAC) Act was passed, which established a new body to replace the Collegium system. However, the NJAC Act was struck down by the Supreme Court in 2015, and the Collegium system was restored.
In conclusion, the Collegium system is a process of appointment and transfer of judges in the higher judiciary of India that has been in place since the 1993 “Judges Case.” While it has faced criticism for its lack of transparency and accountability, it has continued to be used, with some modifications, in the appointment and transfer of judges in the country.