The Collegium system

GS Paper 2

 Syllabus: Structure, Organization and Functioning of the Judiciary

Source: TH

 Context: The SC Collegium under CJI DY Chandrachud has quietly and transparently streamlined the appointment process of judges to the constitutional courts.

The Collegium system:

• About:
  • The collegium system, which has evolved through judgments of the SC, is the way by which judges of the SC and HCs are appointed and transferred.
  • It is a five-member body, headed by the incumbent CJI and comprises the four other senior most judges of the SC at that time.
• Evolution – Three Judges Cases:
  • P. Gupta & Others v. Union of India (1981), Advocate on Record Association v. UoI (1993) and re Presidential Reference case (1998).
  • It was established that the recommendation made by the CJI without following the consultation process for the appointment of SC and HC Judges is not binding on the government.
• Criticism:
  • The system is non-transparent since it is seen as a closed-door affair with no prescribed norms regarding eligibility criteria, or selection procedure.
  • The system is opaque and not accountable. Judges do not appoint judges all over the world, but in India, they do.
  • Limited role of the government, may object to and seek clarification on the collegium’s choices, but if the collegium reiterates the same names, the government is bound to appoint them.
• Efforts to reform the collegium system: NJAC, Memorandum of Procedure (MoP), etc.

How has the appointment process been streamlined recently?

• Adding a balanced mix of merit and seniority through a selection procedure which involves meaningful discussion on and assessment of candidates’ judicial acumen.
• Recommendations of the Collegium are now notified within days by the government.
• The requirements for candidates’ consideration have been made public by the Collegium’s resolutions.

Points under the Collegium’s consideration:

• Quality of judgments of the candidates: A Judgment Evaluation Committee goes through the judicial work of the candidates.
  • Justice Dipankar Dutta’s name was the first to be cleared for SC appointment by the Collegium in this manner.
• The seniority of Chief Justices and senior puisne Judges in their respective parent HCs as well as overall seniority of the HC Judges.
• The merit, performance and integrity of the judges are under consideration.
• The need to ensure diversity and inclusion in the SC. Diversity and inclusion means –
  • Representation of HC not/inadequately represented;
  • Appointment of persons from marginalised and backward segments of society;
  • Gender diversity (Justice Sunita Agarwal appointed as the CJ of the Gujarat HC); and
  • Representation of minorities.
• The need to ensure the better administration of justice: As a result, the Collegium did not bow to the request made by three HC judges against their out-of-State transfers.

Insta Links:

The impasse over the appointment of judges

Prelims Links: UPSC 2019