The Supreme Court (SC) Registry has recently declined a petition to abolish the Collegium system and reinstate the National Judicial Appointments Commission (NJAC).
About the Collegium System:
- The Collegium System is a system where the appointments and transfers of judges are decided by a forum consisting of the Chief Justice of India (CJI) and the 4 senior-most judges of the SC.
- The term “Collegium System” is not mentioned in the Indian Constitution but has evolved through the SC judgments known as the “3 Judges Cases” pronounced in 1981, 1993, and 1998.
- This system is governed by the Memorandum of Procedure (MoP), framed by the government and the judiciary together.
- Article 124 and 217 of the Indian Constitution deals with the appointment of judges of SC and High Courts (HC).
- The Collegium for the SC can be of two types: one where HC judges can be elevated to the SC and another where senior lawyers are directly appointed as SC judges.
- The composition for appointments in the SC includes the CJI and four other senior-most judges of the SC.
- Currently, it consists of 5 other judges, including the next CJI as it is mandatory for the next CJI to be a part of the Collegium.
- For appointments in HC, the Collegium in HC consists of the Chief Justice of HC and the two senior-most judges of the concerned HC, which recommends names to the SC Collegium.
- The Collegium in SC includes the CJI and two senior-most judges of the SC, which recommends names to the Central Government.
- Advantages of the Collegium system include making the Judiciary independent from politics, as the executive organ does not possess the knowledge regarding the requirements of a judge, and it helps maintain a balance of power.
- Criticisms of the system include it being neither a Constitutional nor a statutory body, having no specified eligibility criteria, lacking transparency and accountability, burdening the judiciary, and allegations of nepotism and quid pro quo, which violate the principle of check and balance.
Ref:Source
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