Issues associated with the Collegium System
Introduction:
- Chief Justice Pritinker Diwaker of the Allahabad High Court questioned his move from Chhattisgarh to the Allahabad High Court in 2018 during his parting speech on November 21.
Additional recent claims on the collegeum system:
- In his own parting statement, Justice Bibek Chaudhuri of the Calcutta High Court—who had been transferred to the Patna High Court—compared his transfer to the widespread judge transfers that occurred during the Emergency.
- Another high court chief justice, Justice Sanjib Banerjee, said in an interview with the Indian Express on November 22 that he was not informed by the NV Ramana-led Collegium of the reasons behind his unexpected transfer to the Madras High Court in 2021.
More significant problems with the collegeum system’s operation:
- The three judges’ emphasis on a particular topic draws attention to a bigger problem: how the Collegium system operates.
- The SC Collegium advises transfers for a number of reasons.
- One is to ensure that the SC is elevated or to lay the groundwork for the appointment of chief justices.
- Typically, a prospective SC judge is sent to a sizable high court to undergo judicial performance evaluations.
- Punitive transfers are also necessary to cope with erroneous judges.
- According to the Constitution, the only recourse available when a judge is accused of being improperly biassed is impeachment.
- Impeachment is a political process that needs a parliamentary trial.
- For more than thirty years, the idea that transferring a judge out of his parent HC would be a simple fix has been dismissed due to the significant amount of proof and political will needed.
- But the transfer process is shadowed because no one knows the reasons save the three or five Collegium judges.
Arguments supporting the collegium system include:
- Judicial independence: The collegium system is thought to be a means of shielding the judiciary from excessive influence by the legislative and executive branches. This is thus because, as opposed to the government, the judges themselves select their fellow judges. This is significant because the judiciary is in charge of maintaining the rule of law and making sure that the government stays within the bounds of the constitution.
- Expertise: It is believed that the judges possess the best knowledge and expertise to choose their own associates. They can evaluate a judge’s suitability for appointment since they are acquainted with the work of other judges.
- Experience: The collegium system has been around for a while and is thought to be a good method of choosing judges.
Arguments against the system of collegium:
- Absence of accountability: The public is not held accountable by the collegium system. The public cannot contest the collegium’s conclusions in any way.
- Opacity: Transparency is lacking in the collegium structure. The motives behind the appointment of specific judges are sometimes unclear, and the selection procedure is not transparent to the general public.
- Favouritism and nepotism: The collegium system runs the possibility of being used to pick judges based more on personal connections than on qualifications.
The Collegium System’s Effects
- The Indian judiciary has had several ramifications as a result of the collegium system. While some of these effects are favourable, others are not.
Favourable outcomes:
- Preservation of judicial independence: The Indian judiciary’s independence has been preserved in part by the collegium system. The judiciary has the authority to overturn unconstitutional legislation and make the government answerable for its deeds.
- Excellent judges: The collegium system has produced judges of the highest calibre. Among the most prestigious courts in the world is the Indian judiciary.
Adverse effects:
- Lack of accountability: The absence of accountability in the collegium system has been a point of contention. There is no way for the general public to contest the collegium’s choices.
- Opacity: The opacity of the collegium structure has drawn criticism. The motives behind the appointment of specific judges are sometimes unclear, and the selection procedure is not transparent to the general public.
- Favouritism and nepotism: There have been worries that the collegium system would be utilised to select judges based more on personal connections than on qualifications.
Way Forward:
- All things considered, the collegium system is a complicated problem with both advantages and disadvantages. It is crucial to thoroughly analyse these effects before deciding whether to change the system.
