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The collegium system of Judiciary in India.
Introduction: The collegium system of the judiciary in India is a unique feature of the Indian judicial system. It is a system in which the appointments and transfers of judges in the higher judiciary are made by a collegium consisting of the Chief Justice of India and the four senior-most judges of the Supreme Court. The system was first introduced by a Supreme Court judgment in 1993 and has since been the subject of much debate and controversy.
Background: The collegium system was introduced as a result of the Supreme Court judgment in the Second Judges case, which held that the power of appointment of judges to the higher judiciary should be with the judiciary itself, and not with the executive. The collegium system has been upheld by subsequent judgments of the Supreme Court, but it has also been the subject of criticism for being opaque and lacking in accountability.
Operation: Under the collegium system, the Chief Justice of India and the four senior-most judges of the Supreme Court have the power to make recommendations for the appointment and transfer of judges in the higher judiciary. The recommendations are made to the President of India, who is bound to act on the recommendations made by the collegium. The system has been criticized for being opaque, as the reasons for the selection or rejection of a candidate are not made public.
Criticism: The collegium system has been criticized for being non-transparent and lacking in accountability. The system has also been criticized for being open to abuse and nepotism, as the appointments and transfers are made by a small group of individuals, without any checks and balances. The system has also been criticized for being biased towards certain individuals or groups, and for being prone to influence by the ruling government.
Conclusion: The collegium system of the judiciary in India is a unique feature of the Indian judicial system, but it has been the subject of much debate and controversy. While the system has been upheld by the Supreme Court, it has also been criticized for being non-transparent, lacking in accountability, and open to abuse. There have been calls for reforming the system, and there have been proposals for alternative systems of appointment and transfer of judges. However, any reform of the system would need to balance the need for judicial independence with the need for accountability and transparency.
