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Polity & Governance
Mahesh

14/10/22 06:44 AM IST

Collegium system

In News 
  • The collegium led by the Chief Justice of India, UU Lalit, has been in the news of late due to its failure to appoint four Supreme Court judges.
Collegium System 
  • It is a group of Chief Justice of India or CJI and the four senior-most judges of the Supreme Court that decides appointments to the apex court.
  • These appointments could be in the form of elevation, when High Court judges are appointed to the Supreme Court or direct appointments when experienced lawyers may be directly appointed as apex court judges.
  • High Courts too have a collegium.
  • They are headed by the chief justice of the court.
  • The next two senior-most judges are part of the HC collegium. However, the HC collegium only makes recommendations for appointments to HC.
  • The final decisions are taken by a collegium of the CJI and two senior-most judges of the SC.
Article 124 
  • Under Article 124, the appointment of Supreme Court judges should be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary.
  • The CJI is to be consulted in all appointments except his or her own.
Issues with the Collegium system

  • Extra-constitutional or non-constitutional body: brought in force by judgments of the Supreme Court.
  •  There is no seat in the collegium for any non-judge neither from the executive, the Bar etc. This violates the principle of checks and balances.
  • lack of transparency as meetings are held a closed door.
  • Nepotism: Scope for nepotism.
  • Overlooks talent: Overlooks several talented junior judges and advocates.
First Judges case 
  • After the 1981 SP Gupta case, also called the "First Judges case", it was suggested that the executive must have the biggest say in judicial appointments.
  • 12 years later, in 1993, a nine-judge bench in the "Second Judges case" said that the CJI must be given priority in such appointments.
  • This was reinstated in the Third Judges case in 1998. Since then, the judges are appointed by the collegium system.
Way Forward 
  • There is a need to revisit this and secure a better, broad-based and transparent method of appointing senior judges to the High Courts and the Supreme Court.
  • Some nodding acknowledgement should be given to a specific provision made by the founding fathers in the Constitution.
Source- Indian Express 

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