The Collegium System in India: Concerns and Revisions Required

Introduction and Overview:

The Collegium System refers to the mechanism for appointment and transfer of judges in India. This system, which has evolved through the verdicts of the Supreme Court (SC), has recently been brought into the limelight following a petition by two district judges in Himachal Pradesh High Court against the selection process.

 

Current Affairs:

Recently, the Supreme Court had dismissed a plea against the Collegium System. In this context, the two senior-most district judges of Himachal Pradesh leveled allegations that the state's High Court Collegium overlooked their merits and seniority while appointing judges. Despite these concerns being taken to the Supreme Court, the latter maintained the constitutionality of the existing selection process, underlining the importance of preserving judicial independence. This event once again brings into focus the need for transparency and accountability in the Collegium System.

 

GK Aspect - Historical Background:

The Collegium System, missed in the Indian Constitution and enforced by the Supreme Court's judgements, is in focus today. According to the Constitution's Articles 124(2) and 217, the Supreme Court and High Court judges' appointment process should be explored. In this context, it is noteworthy that the SC upheld the Collegium System, nullifying the National Judicial Appointments Commission in 2015, which sought extensive executive involvement. A plea to review this judgement was also dismissed in 2018.

 

Key Controversies andCritique:

  1. Exclusion of the Executive: Some argue that the Collegium System's primary flaw is its exclusionary treatment of the executive from the decision-making process, potentially leading to biases affecting the candidates' selection.
  1. Favouritism and Nepotism: Without specified evaluation criteria, the Collegium System may foster favouritism and nepotism, thereby compromising fairness and merit.
  2. Violation of Checks and Balances: Critics argue that the Collegium System excessively centralises power within the Judiciary, contravening the democratic principle of checks and balances.
  3. Non-Transparency: The critique highlights the system's secrecy,  arguing  that  the decision-making process's closed-door nature undermines transparency and accountability.
  4. Unequal Representation: The system is also critiqued for its inadequate representation of women and other marginalised groups in the higher judiciary.

The Way Forward:

To address these controversies,substantial reforms to the Collegium System have been proposed. These include:

  1. Enhanced Transparency: Introduction of clear and objective selection criteria focusing on merit, seniority, and diversity could encourage
  2. Increased Accountability: Official recording and publication of the Collegium's decisions could foster accountability, without infringing on privacy
  3. Balancing Judicial Independence and Executive Involvement: Introduction of a consultative mechanism or a time-bound confirmation process could ensure balanced involvement of the government in the appointment process.

The National Commission to Review the Working of the Constitution (NCRWC) has also recommended the establishment of a National Judicial Commission and a National Judicial Council to review the system's functioning. Implementation of these reforms could optimise the integrity, efficacy, and inclusivity of the Collegium System.