COLLEGIUM SYSTEM IN INDIA
Author:- NISTHA MISHRA, A STUDENT OF AMITY UNIVERSITY , LUCKNOW CAMPUS
INTRODUCTION
The appointment of judges is a crucial component of judicial independence, which calls for judges to be free from any kind of direct or indirect interference from political or non-political groups while dispensing justice. The judiciary's independence is crucial to ensuring that judges can carry out their duties properly, impartially, and without fear or favour.
Since most nations in the world still appoint judges by the head of state, judicial appointment and judicial freedom are closely related. The Indian Constitution basically copied the British procedure of appointment by the head of state with the Lord Chancellor's concurrence. Article 124 of the Indian Constitution provides that: The Chief Justice of India must always be consulted when appointing a judge other than the Chief Justice. Each Judge of the Supreme Court shall be appointed by the President by warrant bearing his signature and seal after consultation with such of the Judges of the Supreme Court and of the High Court in the States as the President may deem necessary for the purpose.
In India, up until 1993, the Chief Justice and the two other senior-most Supreme Court judges were consulted before a judge was appointed.
Although the President of India is the nominal appointing authority, decisions on appointments and transfers of judges in the higher courts have been made since 1993 via the Collegium system developed by the Supreme Court.
Collegium was the result of the differences between the executive and the judiciary. Although the Collegium system is not mentioned in the Constitution, it has developed because of three decisions made by the Supreme Court, collectively known as the Three Judges Cases.
The technique of selecting judges for the higher courts, notably the Supreme Court and High Courts, is known as the "collegium system" in India. It is a distinctive and rather contentious structure that was not expressly stated in the Indian Constitution but rather developed through time through judicial interpretation.
APPOINTMENT PROCEDURE FOR JUDGES TO THE SUPREME COURT
Article 124(2) of the Constitution outlines the procedure for appointing judges to the higher judiciary: "Every Judge of the Supreme Court shall be appointed by the President after consultation with such of the judges of the Supreme Court and of the high courts in the states as the President may deem necessary for the purpose and shall hold office until he attains the age of 65 years: Provided that in the case of appointment of a judge other than the chief Justice, the Chief Justice of India shall always be consulted.”
Under the Collegium system, the President receives recommendations for individuals to be appointed as SC and HC justices from the Chief Justice of India and his four senior-most colleagues.
Principal components of the collegium system:
The collegium is made up of several senior judges from the legal system. The Chief Justice of India and the four judges with the most experience make up the Supreme Court in most cases. When it comes to High Courts, the Chief Justice of the High Court and a small number of senior judges are typically involved.
The President of India selects judges to the Supreme Court and High Courts based on recommendations provided by the collegium under the collegium system. The names of judges who should be appointed, transferred, or advanced to higher courts are included in these recommendations.
Transparency: The collegium system has come under fire for the appointment procedure's lack of transparency. The collegium system's deliberations are not made public, in contrast to several other nations where there is a more official procedure involving a nominating commission or parliamentary approval.
Lack of parliamentary Oversight: Opponents claim the collegium system is unbalanced since judges are essentially given extensive authority over judicial selections without much parliamentary or executive oversight.
The "Three Judges Cases" (1982, 1993, and 1998) served as the beginning point for a series of decisions by the Indian Supreme Court that led to the evolution of the collegium system. These cases affirmed the judiciary's supremacy in selecting judges and interpreting pertinent constitutional clauses.
The collegium system has generated a lot of discussion and contention over the years. Proponents claim that it helps safeguard judicial independence from potential executive meddling, while critics claim that it lacks accountability and is prone to favouritism and nepotism.
EFFORTS AT REFORM
There have been initiatives to improve accountability and openness within the collegium system. The Indian Parliament established the National Judicial Appointments body (NJAC) Act in 2014 with the intention of establishing a body comprised of representatives from the judiciary, executive branch, and civil society to provide recommendations for judicial appointments. However, the Supreme Court invalidated this Act in 2015, upholding the supremacy of the collegium system.
CONCLUSION
No one system may be considered the best system. Despite this, the commission system is perhaps a very successful tool for judicial appointment in order to preserve public confidence in the appointment procedure and to guarantee judicial independence.
To guarantee the efficacy of this process, the commission should be made up of representatives from the executive, legislative, judicial, legal, and lay sectors of society. Additionally, it should be ensured that the commission use a methodology that is available to public inspection and is transparent. The South African Judicial Service Commission's organisational structure and operational methodology may serve as a suitable benchmark in this regard. A system like this might work wonders in ensuring that the most qualified individuals are appointed to judicial positions.
REFERENCES
The bare act of Constitution of India
https://articles.manupatra.com/article-details/COLLEGIUM-SYSTEM-OR-GOVERNMENTAL-APPOINTMENT-A-PARLEY
https://www.legalserviceindia.com/legal/article-3681-collegium-system-in-india.html
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