Collegium System and Its Evolution

GS 2 – Polity

The Collegium System governs the appointment and transfer of judges in India. It has developed through various Supreme Court judgments rather than being established by an Act of Parliament or a constitutional provision.

Evolution of the Collegium System

1. First Judges Case (1981):
   • The Supreme Court ruled that the Chief Justice of India’s (CJI) recommendation on judicial appointments and transfers could be overridden for “cogent reasons.”
   • This judgment granted the Executive dominance over the Judiciary in these matters for the next 12 years.
2. Second Judges Case (1993):
   • The Supreme Court introduced the Collegium system, interpreting “consultation” as “concurrence.”
   • It clarified that the decision was not solely the CJI’s opinion but an institutional one, formed in consultation with the two senior-most SC judges.
3. Third Judges Case (1998):
   • The Collegium was expanded to include the CJI and four senior-most Supreme Court judges following a Presidential reference under Article 143.

Leadership of the Collegium System

• The Supreme Court Collegium is led by the CJI and includes four senior-most SC judges.
• The High Court Collegium is headed by the Chief Justice of the respective High Court and includes its two senior-most judges.
• Judicial appointments in higher courts are made exclusively through the Collegium System, with the government involved only after recommendations are finalized.

Procedures for Judicial Appointments

1. Chief Justice of India (CJI):
   • The President appoints the CJI based on the outgoing CJI’s recommendation.
   • By convention, seniority has been the deciding factor since the controversy over supersession in the 1970s.
2. Supreme Court Judges:
   • The process begins with the CJI, who consults the Collegium members and the senior-most judge from the candidate’s parent High Court.
   • Written opinions of all consultees are added to the recommendation file.
   • The recommendation moves through the Law Minister and Prime Minister before reaching the President.
3. Chief Justices of High Courts:
   • A Chief Justice is typically appointed from outside the respective state.
   • The Collegium decides on elevation, while the outgoing Chief Justice initiates the proposal in consultation with two senior colleagues.
   • The recommendation is routed through the Chief Minister and Governor to the Union Law Minister.

Issues with the Collegium System

1. Exclusion of the Executive:
   • The executive is entirely excluded from the process, concentrating the power of appointments within the judiciary.
   • This secrecy can lead to biased selections or overlooking deserving candidates.
2. Risk of Nepotism and Favoritism:
   • The absence of specific criteria for evaluating candidates opens the door to nepotism and favoritism.
   • This lack of transparency undermines public trust in the judicial system.
3. Violation of Checks and Balances:
   • The system disrupts the principle of checks and balances, granting the Judiciary substantial unchecked authority.
   • This imbalance increases the risk of misuse of power.
4. Opaque Decision-Making:
   • Critics argue that the Collegium functions behind closed doors, with no formal secretariat, public records, or minutes of meetings.
5. Unequal Representation:
   • There is significant underrepresentation of women and marginalized groups in the higher judiciary, raising concerns about diversity and inclusiveness.