SC Collegium
What is the collegium system?
- In the “Collegium” system of India, judges are only allowed to recommend and promote other judges. Another name for this strategy is “Judges-Selecting-Judges.”
- The Supreme Court’s rulings, not a statute approved by Parliament or a provision in the Constitution, are what have changed the way the system operates.
- The Collegium, which is presided over by the Chief Justice of India, is composed of the four Supreme Court judges with the most seniority.
- The collegium is composed of the four senior-most justices on the court plus the Chief Justice of the High Court. The Chief Justice of India and the Supreme Court collegium must first grant their blessing before names are offered to the government by a High Court collegium for consideration.
Government’s function:
- Once the collegium has selected names, the government will be involved.
- Before a lawyer is appointed as a judge in the High Court or Supreme Court, the government is required to have the Intelligence Bureau perform an investigation (IB).
- The government may also disagree with the collegium’s findings and request justifications.
- If the collegium again suggests those candidates, the government is required to appoint those individuals as judges in accordance with the Constitution Bench’s decisions.
Constitutional requirements:
- In accordance with Articles 124(2) and 217 of the Constitution, the President appoints the Supreme Court and High Court judges.
- Any justices of the Supreme Court and High Court whom the President thinks significant will be invited to a meeting.
What was the significance of the collegium system?
- The usage of technology facilitated and improved the scheduling process.
- At the highest level of the court, several people, not simply the Chief Justice of India, form the Chief Justice’s view.
What are the collegium’s weaknesses?
- Autocratic and unconstitutional: The term “collegium,” which the court used to define itself in order to protect its independence in the nomination of justices, is not included in the Constitution.
- The appointment of judges by the collegium is not democratic because they are not chosen by the people and are not accountable to them or to anyone else.
- The lack of a clear application process, a working manual, selective disclosure of meeting minutes, and judge eligibility requirements makes the collegium’s operations opaque.
- Nepotism: Sons or nephews of retiring judges or seasoned attorneys are regularly sought after as candidates for judicial appointments. Expulsion of exceptional people encourages mediocrity in the judiciary.
Conclusion:
- The government created the National Judicial Appointments Commission to address this issue with the collegium system (NJAC).
- But in 2015, a five-judge Constitution Bench declared it to be illegal.
- Democracy is distinctive due to its independence, openness, accountability, and institutional integrity.
- As shown by the legal systems, where cases are still pending, justice is being withheld, and nepotism surely plays a role, any society that prioritises cronyism above merit will collapse.
