Understanding the Collegium System

 

Collegium System

Introduction:

It is an unique method of appointments of judges to higher judiciary, however it has been a subject of debate and scrutiny in many years. How originate in India? the Collegium system has been adopted by several countries as a means to maintain judicial independence and make sure a fair legal system. 

Collegium system no where mentioned in the Constitution of India, because it has evolved through the Supreme Court's own three judgments. Collectively these judgments known as the Three Judges Cases (1981, 1993 and 1998).

In this article, we will dive into the key factors which impact the legal system within the structure of the Collegium system, considering societal expectations, the process of judge appointments, and the overall impact on the judiciary.

Evolution of the System:

First Judges Case (1981):

It declared that the “superiority” of the Chief Justice of India recommendation on judicial appointments and transfers can be refused for “cogent reasons.” The ruling gave primacy in the hand of Executive  over judicial appointments for the next 12 years.

Second Judges Case (1993):

In this time Supreme Court introduced the Collegium system and holding that “consultation” aim at “concurrence”. It was inserted that the opinion in not the individual opinion of CJI. The consultation may be made with two senior-most judges of supreme court.

Third Judges Case (1998):

In third time, President (Article 143) widen the Collegium into five-member body. It comprising the CJI and four of his senior-most judges of supreme court.

Judge Appointments and the Collegium System

The heart of the Collegium system lay down in the process of appointing judges. Unlike other systems where executive or legislative branches playing a major role or direct role, the Collegium system are independent to make own decision without any outside interference.

It empowers senior judges to make these appointments. This seen as a way to enclose the judiciary from political pressures and maintain its independence.

However, the process has faced criticism which has been given below:-

• For lacking of transparency and accountability. 

• The closed-door nature of the decision-making process.

• Collegium has led to concerns about favoritism

• Lack of diversity and potential compromise in the quality of appointments. 

• Striking a balance between maintaining judicial independence and ensuring accountability remains a perpetual challenge.

Who Heads the Collegium System?

• Collegium of SC is headed by the CJI (Chief Justice of India) and four senior-most judges of the supreme court.

• High Court collegium is steer by the present Chief Justice and two other senior-most judges of high court.

• Judges appointments for the higher judiciary are conduct through the collegium system. The name decided by the collegium and the government has a role only after it.

Procedures for Judicial Appointments?

For CJI:

• The CJI has been appointed by the President of India and the other SC judges.

• As far as the CJI is disquiet, the outgoing CJI recommends next CJI or his successor.

• In reality, it has been strictly by seniority.

For SC Judges:

• The proposal is initiated by the CJI for appointments of other judges of SC.

• CJI consults with the rest of the Collegium members, as well as the senior-most judge of the court.

• It is necessary for the consultees to record their opinions in writing and it should form part of the file.

• At the end, Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

For Chief Justice of High Courts:

• High Court judges are recommended by a Collegium which comprising the CJI and two senior-most judges.

• The proposal is initiated by the outgoing Chief Justice of the High Court in consultation with two senior-most colleagues.

• Recommendation is sent to the Chief Minister, then advises the Governor to send the proposal to the Union Law Minister.

Impact on the Legal System

The decisions made by judges have a extreme impact on the legal system which has been appointed through Collegium system . The judges play a major role in interpreting laws, upholding the constitution, check the validity of act and ensuring justice. The Collegium has an objective to appoint judges who are experienced in law and have a deep understanding of societal needs.

News:

Recently, the Law minister criticized the Collegium system of supreme court. He was saying that judges are only recommend the appointment of those who are known rather than fittest person for the job. Articles 124(2) and 217 of the Indian Constitution talks about the appointment of judges to the Supreme Court and High Courts.

Society's Role in the Legal System

The legal system works in the broader context of society which reflecting its values, norms, and expectations. The Collegium system aims to maintain a balance between societal needs and the judicial process of appointments. Society demands a judiciary which takes responsibility for its evolving needs, and the Collegium system seeks to ensure that judges appointed will understand and interpret these societal expectations.