Collegium System

Notes

The Collegium is a judicial mechanism for appointing and transferring judges of the Supreme Court and High Courts. It is not mentioned in the Constitution; it evolved through the Second (1993) and Third (1998) Judges Cases.

Composition

Supreme Court Collegium: the CJI and the four senior-most judges of the Supreme Court.
Collegium for High Court appointments: the CJI and the two senior-most Supreme Court judges, together with the Chief Justice of the concerned High Court and the two senior-most High Court judges.
High Court Collegium: the Chief Justice of the High Court and the two senior-most judges, which recommends names within the High Court.

Process

Supreme Court: the CJI starts the process; the Collegium recommends to the Union Law Ministry, which seeks Intelligence Bureau reports and sends to the PM and then to the President.
High Court: the High Court Chief Justice with the Collegium proposes; the State Government (Governor, CM) and the Union Government are consulted; then the Supreme Court Collegium decides.
If the Government returns a name, the Collegium may reiterate it; the Government is then bound to appoint.

Criticisms

Opaque and lacking written criteria; no permanent secretariat.
Alleged nepotism ("uncle judges") and lack of diversity among judges (women, SC/ST/OBC, regional).
Not accountable and not provided for in the Constitution; the executive has little role, weakening checks and balances.
Delays in clearing names; vacancies persist.

Defence: protects the independence of the judiciary, a basic structure feature, from executive influence.

Reforms discussed: a permanent secretariat, transparent criteria, public disclosure of reasons, a revised Memorandum of Procedure, an improved NJAC-like body with safeguards, and an All India Judicial Service.

Key Points

Collegium: extra-constitutional, from the Judges Cases.
SC Collegium: CJI + four senior-most judges.
Government can return a name once; reiteration is binding.
Criticised for opacity and lack of diversity.
Defended as safeguarding judicial independence.

MCQs

Q1. The Supreme Court Collegium consists of: (a) CJI and 2 senior-most judges (b) CJI and 4 senior-most judges (c) CJI and 5 senior-most judges (d) CJI only Ans: (b). After the Third Judges Case (1998).

Q2. The Collegium system is: (a) Provided in Art. 124 (b) A statutory body (c) Not mentioned in the Constitution (d) Provided in the Judges (Inquiry) Act Ans: (c).

Q3. If the Collegium reiterates a name returned by the Government, the Government is: (a) Free to reject it again (b) Bound to appoint (c) Required to consult the President (d) Required to refer it to Parliament Ans: (b).