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Call for Changing Collegium System

Last updated on March 26th, 2025 Posted on March 26, 2025 by NEXT IAS Current Affairs Team  166

Syllabus :GS 2/Judiciary 

In News

  • Vice President Jagdeep Dhankhar chaired a meeting with Rajya Sabha floor leaders to discuss the recovery of semi-burnt Indian currency notes from the residence of Delhi High Court Judge Justice Yashwant Verma.

About

  • The meeting also focused on judicial appointments and the need for an alternative to the current Collegium system.
  • The Vice President reiterated the importance of the National Judicial Appointments Commission (NJAC), which was struck down by the Supreme Court in 2015.

Collegium System

  • The Collegium is the system through which judges of India’s higher judiciary (Supreme Court and High Courts) are appointed and transferred.
  • It is not based on the Constitution or any specific law but has evolved through Supreme Court judgments, known as the “Judges Cases.”

Composition 

  • The Supreme Court Collegium is a five-member body, led by the Chief Justice of India (CJI) and four other seniormost judges.
  • High Court Collegiums are led by the Chief Justice of the respective High Court and two other seniormost judges.

How does the Collegium system work?

  • The Supreme Court Collegium recommends names for appointments to the Supreme Court, and the High Court Collegiums do so for their respective courts.
  • The High Court Collegium’s recommendations must be approved by the Supreme Court Collegium.
  • The government conducts an Intelligence Bureau (IB) inquiry on the recommended candidates. If the Collegium reiterates its recommendations, the government is bound to approve them.

Criticisms 

  • The system has been criticized for being non-transparent, lacking an official mechanism or secretariat.
  • There are no prescribed eligibility criteria or a clear selection procedure.
  • Decisions are made behind closed doors, and there are no public records or minutes of Collegium meetings.
  • Lawyers are often unaware of whether their names are being considered for judicial appointments.
Do you know ?
– The Justice M N Venkatachaliah Commission (2000) recommended replacing the Collegium with a National Judicial Appointments Commission (NJAC).
– The NJAC was to include the CJI, two seniormost Supreme Court judges, the Union Law Minister, and an eminent person chosen by the President in consultation with the CJI.
– The government passed the NJAC Bill in 2014, but the Supreme Court struck it down as unconstitutional within a year, emphasizing the need to preserve the primacy of the judiciary in judicial appointments.

Suggestions 

  • The Collegium System was aimed at preserving judicial independence, and has faced significant criticisms over the years.
    • Transparency, inclusivity, and clearer criteria for selection could help address these concerns, ensuring a more accountable and efficient judicial appointment process. 
    • Reforms in this direction would contribute to strengthening the integrity and functioning of India’s judiciary.

Source :TH

 
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