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Working Of Collegium System In India

Today I am highlighting one of the topic whose exaggeration view should be known to every citizen of India the topic I'm covering is collegium system of India

In India we follow the collegium system for transferring and replacing the judges of Supreme Court and High Court we all are aware about this system if some are not then let me tell you 'it is a system of appointing and transferring of judges of High Court and apex court' it is basically we can call 'JUDGES SELECTING JUGDES' system .

Names recommended by a High Court collegium reaches the government only after approval by the CGI and the apex court collegium .There is no mention of the collegium either in the original constitution of India or in Successive amendments .

The recommendation of collegium system are binding ,collegium considers the name or suggestions made by the central government and resends the file to the government for final approval, if collegium resends the same name again then the government has to give its assent to the names , but the time limit is not fixed to reply and this is the reason that appointment of judges take long time .It has been evolved by the judiciary itself for retaining the power to select judges by itself

As we are living in a democratic country and this system is clearly undemocratic since judges are not elected by the people and are not accountable to the people or to anyone else ,there is no transparency in this system , no official procedure for selection , lack of written manual for functioning

Promotes nepotism- usually sons and nephews for previous judges or senior lawyers tend to be a popular choices For judicial roles

After striking down the NJAC ( NATIONAL JUDICIAL APPOINTMENT COMMISSION) came by 99th constitutional amendment, the court did nothing to amend the NGC act instead the court reverted to the old collegium based appointment mechanism

The mechanism as NJAC should be brought back as this could increase the government role in the appointment of judges with the increase of transparency by proper criteria of appointing the judges As written manual should be released by the Supreme Court which should would be followed during appointments
  • Records of all the collegial meetings should be in the public domain in order to ensure transparency and rule based process
Quality of judges can also be improved to the implementation of AIJS (ALL INDIA JUDICIAL SYSTEM) .TO get the best if Supreme Court lawyers are found efficient they should be considered for vacancies in every High Court on a regular basis

By all this I just want to conclude that if we live in a democratic society we all have freedom to choose our leader then there should be a proper way to choose the judges at least for those who are knowledgeable ,capable by all the laws of court in appointing the judges plus the experienced one with neutral opinion and proper transparency to the public

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