India’s collegium system

 

 

 

Context:

India’s collegium system, which is responsible for the judicial appointment processes, is constantly under criticism for its delays, transparency issue, and functioning.

 

Relevance:
GS-02 (Indian Polity)

 

Dimensions of the article:

  • What is the Collegium System and How Has It Developed?
  • Challenges in the Judicial Appointment System
  • The Path to Judicial Reforms

 

 

What is the Collegium System and How Has It Developed?

  • Overview:
    • The Collegium system governs the appointment and transfer of judges, evolving primarily through judgements of the Supreme Court rather than legislative enactment or constitutional provisions.
  • Evolution of the System:
    • First Judges Case (1981): This case established that while the recommendation of the Chief Justice of India (CJI) regarding judicial appointments and transfers holds “primacy,” it can be overridden with “cogent reasons,” giving the Executive an upper hand over the Judiciary in appointments for the subsequent 12 years.
    • Second Judges Case (1993): In this case, the Supreme Court introduced the Collegium system, interpreting “consultation” as “concurrence,” emphasising that decisions are institutional, not individual, involving the CJI and the two senior-most judges.
    • Third Judges Case (1998): Responding to a presidential reference under Article 143, the Supreme Court expanded the Collegium to a five-member body, including the CJI and four senior-most judges.
  • Leadership of the College System:
    • The Supreme Court collegium is chaired by the Chief Justice of India with four other senior-most judges, while a High Court collegium is led by the incumbent Chief Justice and two other senior-most judges.
  • The Process of Judicial Appointments:
    • Appointment of CJI: The President appoints the CJI and other Supreme Court judges, with the outgoing CJI recommending the successor, typically based on seniority.
    • For Supreme Court Judges: The proposal for Supreme Court judges originates from the CJI, who consults the Collegium members and the senior-most judge of the relevant High Court, with all opinions documented.
    • The Collegium forwards the recommendation to the Law Minister, who advises the Prime Minister for presidential appointment.
  • Appointment of High Court Chief Justices:
    • Chief Justices of High Courts are appointed following a policy of selecting from outside the respective states, with the Collegium deciding on the elevation.
    • High Court judges are recommended by a collegium comprising the CJI and two senior-most judges, with the outgoing Chief Justice initiating the proposal in consultation with colleagues. The recommendation is then forwarded to the Chief Minister for advice to the Governor, who sends it to the Union Law Minister for further action.

 

 

Challenges in the Judicial Appointment System

  • Decision-Making:
    • Lack of transparency in collegium decisions often leads to mistrust.
    • Criteria for selections and transfers are neither codified nor publicly accessible.
  • Executive Hurdles
    • Prolonged judicial vacancies as the government delays in approving recommendations.
    • For example, judicial vacancies exceed 30% in high courts despite mounting case backlogs.
  • Representation Gap
    • The collegium system lacks in addressing the problems of representation of women and marginalised communities significantly.
    • As of January 2024, only 13.4% of High Court judges are women, and 9.3% of judges in the Supreme Court are women.
    • Moreover, the judges of high court from SC, ST, OBCs, & minorities are less than 25%.
  • Allegations of Favoritism
    • Accusations of nepotism have fuelled public criticism.
    • The “Uncle Judge Syndrome” perpetuates an elitist judiciary.
    • The recently added clause of excluding candidates with judicial kinship have been accepted but still not implemented effectively.
  • Mounting Case Backlog
    • There are over 60 lakh pending cases awaiting resolution in high courts.

 

 

The Path to Judicial Reforms

  • Structured Frameworks for Appointments
    • Formalise the college’s functioning through codified guidelines for selection, timelines, and criteria.
    • Establish advisory and search committees involving retired judges, lawyers, and academics to assist the Collegium.
  • Time-Bound Recommendations
    • Enforce strict deadlines for the government to process Collegium decisions, ensuring timely appointments.
  • Inclusion and Representation
    • Mandate quotas to improve representation of women and marginalised groups in the judiciary.
    • Encourage first-generation lawyers and judges with diverse backgrounds.
  • Adopting Technology
    • Leverage AI and data analytics for evaluating candidate performance and tracking vacancies.
    • Use tools like the SC’s SUPACE to streamline decision-making.
  • Performance-Based Evaluations
    • Assess candidates on judicial temperament, past judgements, and ethical standards.
    • Prioritise trial court judges with strong track records for higher judicial positions.

 

 

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