Collegium System in India: Process of Appointment of Judges - UPSC Notes

Collegium System of India is a method of appointing judges to India's highest courts, such as the Supreme Court and the High Courts. Under this system, a panel of senior judges, headed by the Chief Justice of India, makes recommendations for appointing judges. The primary motive for this system is to ensure that the judiciary (the collective of judges) is independent and free of political interference.

This means that the government or political parties do not have control over who becomes a judge. The Collegium System is important because it helps maintain fairness in the judiciary and ensures that the people appointed are qualified.

This topic is part of General Studies Paper II in the UPSC Civil Services Mains Examination. This paper covers important topics related to governance, the Constitution of India, and how institutions work. Understanding how the Collegium System works is very important because it explains how judges are selected and how the judiciary operates in India.

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What is Collegium System in India?

The Collegium System refers to a procedure employed in India for the appointment of Supreme Court and High Court judges. It is a system where the decision to appoint a judge is taken by a panel of senior judges. The Chief Justice of India chairs this panel. They consider the experience, capability, and education of the individual before making them fit to work as a judge.

In this system, the Chief Justice and a few other senior judges make the decision together. This is different from many other countries, where the government or the president is responsible for selecting judges. The reason for this system is to keep the judiciary (the group of judges) independent from the influence of the government. This way, judges can make fair decisions without worrying about political pressure.

Read the article on the Judiciary Under British India!

Evolution of the Collegium System in India

Until 1973, there was a consensus between the Government of the day and the Chief Justice of India. A convention was formed where the senior-most judge of the Supreme Court was to be appointed as the Chief Justice of India.

In 1973, A.N.Ray was appointed as the Chief Justice of India. This violated the convention formed earlier since Justice A.N.Ray superseded three other Supreme Court judges senior to him. Again in 1977, another chief justice was appointed who superseded his seniors. This resulted in a clash between the Executive and the Judiciary.

First Judges Case, 1982

A petition was filed in 1982 in the Supreme Court of India. This case is known as the S.P. Gupta Case or First Judges case. The Supreme Court discussed 2 major points during the proceedings of this case.

When asked by the Supreme Court of India whether the word “consultation” in the constitutional article 124 means “concurrence,” the Supreme court overruled this and denied saying that Consultation does not mean concurrence. The President was not obligated to make a decision based on the advice of the Supreme Court.

Another crucial aspect of the argument, in this instance, was the section where the Supreme Court ruled that a High Court Judge may be sent to any other high court of a state even against his will.

Second Judges Case, 1993

Another petition was filed in 1993 by the Supreme Court Advocates on Record Association (SCARA). In this case, the Supreme court overruled its earlier verdict and changed the meaning of consultation to concurrence. Thus binding the President of India with the consultations of the Chief justice of India. This resulted in the birth of the Collegium System.

Third Judges Case, 1998

In the year 1998, the presidential reference to the Supreme court was issued questioning the meaning of the word consultation in articles 124, 217, and 222 of the Constitution.

The chief justice won’t be the only one as a part of the consultation process. Consultation would include a collegium of 4 senior-most judges of the Supreme court . Even if 2 of the judges are against the opinion, the CJI will not recommend it to the government. In the judgment, the Supreme Court established stringent rules for the appointment of Supreme Court Judges and high court Judges which at present goes by the name of the Collegium System.

The development of the system demonstrates that the goal is to ensure that the judiciary is independent, not subject to political influence, and dedicated to enforcing the Constitution and justice.

Read the article on the Judicial Review!

Collegium System Members

The Collegium System includes the Chief Justice of India and four other senior-most judges of the Supreme Court. These judges are selected based on their experience and knowledge. Together, they decide which judges should be appointed to the Supreme Court or High Courts.

• Chief Justice of India (CJI): The CJI is the leader of the Collegium. The CJI plays a major role in deciding who will be appointed as judges.
• Senior Judges: The four other senior-most judges of the Supreme Court are also part of the Collegium. They discuss and recommend names of candidates for the posts of judges.

Together, these judges discuss the qualifications, experience, and ability of people who are being considered for judgeships. The goal is to make sure that the people chosen are capable of giving fair and just decisions.

Read the article on Judicial Activism!

Criticisms Faced by the Collegium System for Appointment of Judges

Even though the Collegium System is meant to protect the independence of the judiciary, it has faced some criticisms over the years.

• One of the biggest issues with the Collegium System is that the process is not very clear. People do not always know how decisions are made or why some people are chosen over others. This lack of transparency can cause people to question whether the system is fair.
• The Collegium is made up of judges, and they do not have to explain their decisions to anyone else. This lack of accountability can lead to doubts about whether the right people are being chosen for the job of judge.
• Sometimes, it is said that the Collegium may favor certain candidates because of personal connections or seniority rather than their ability or merit. This could mean that some very good candidates may be overlooked.
• The government or political leaders do not play a big role in choosing judges. While the Collegium system ensures judicial independence, critics argue that the executive should have some role in the process to make it more balanced.

These criticisms have led to discussions about how the Collegium System can be improved to make it more transparent and fair.

Read the article on Appointments and Transfer in High Courts!

Attempts to Reform the Process of Judicial Appointments

There have been a number of attempts to reform the Indian judicial appointment process over time.

National Judicial Appointments Commission (NJAC)

In 2014, the Indian government attempted to substitute the Collegium System with a new system called the National Judicial Appointments Commission (NJAC). This new commission would have included judges, government officials, and members of the legislature. The idea was to make the selection process more transparent and balanced. But in 2015, the Supreme Court held the NJAC as unconstitutional because it believed that the independence of the judiciary would be compromised. Therefore, the Collegium System was reinstated.

Judicial Appointments Bill (2020)

The government, in recent times, has proposed a new bill to ensure judicial appointments are made more transparent. This bill could introduce changes that make the system clearer and more accountable. However, as of now, no major changes have been made.

Even though these reforms have not been fully successful, the discussions show that there is a desire to improve the system and make it more transparent.

Read the article on Reforming the Process of Judicial Appointments!

The Collegium System has protected the independence of judiciary in India to some extent, but it has been criticized for not being transparent. The following measures could be taken to make the system improve:

• The Collegium may publish more details regarding how judges are chosen. This would help people understand why certain candidates are chosen, making the process more open and fair.
• The government could think about involving other legal experts in the decision-making process, so that the choices made are not only based on seniority but also on the candidate’s ability and experience.
• Letting the public provide feedback on candidates would assist in making the selection process more inclusive and credible.
• Establishing an independent agency that reviews the Collegium's decisions would serve to ensure that appointments are made in a fair manner.

In summary, although the Collegium System has been significant in ensuring judicial independence, reforms must be made to ensure that the process is transparent and accountable.

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