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Collegium System - Coggle Diagram
Collegium System
Evolution
[2] Second Judges Case (1993)
It was not the CJI’s individual opinion
Institutional opinion of two senior SC Judges
Introduced the Collegium system
“Consultation” really meant “concurrence”
[3] Third Judges case (1998)
Collegium is headed by the CJI and four other senior most judges
HC collegium is led by its Chief Justice
Expanded the Collegium to a five-member body
Government has a role only after names have been decided by the collegium
Inquiry conducted by the IB if a lawyer is to be elevated as HC/SC Judge
[1] First Judges Case (1981)
CJI's recommendation on appointments and transfers can be refused
Executive primacy in judicial appointments
What is Collegium System?
Speaks of a process of consultation (Not simply President appoints ...)
Concept arose in 1970s
Not mentioned in the Constitution
Upholds independence of the judiciary
Indian Supreme Court’s invention
Procedure for Various Judicial Appointments
SC Judges
CJI consults the rest of the Collegium , HC senior Judges
Sends the recommendation to the Law Minister who sends it to PM to advise President
CJ of High Courts
Having Chief Justices from outside the respective States
Collegium comprising the CJI and two senior-most judges
Proposal is initiated by the outgoing CJ
Recommendation is sent to the CM->Governor->Union Law Min->PM->Prez
CJI
outgoing CJI recommends his successor
Need for Collegium
Separates the judiciary from the influence of the executive
Political influence is nullified
Ensures impartial and independent functioning
Criticisms of the system
No official procedure for selection
Encourages mediocrity, Nepotism, Corruption
India only country where judges appoint judges
Delays over the appointment are still persistent
Gives enormous power to judges
Procedure lacks uniformity
Attempts to reform
National Judicial Appointments Commission
NJAC Struck down in 2015
Way Forward
Disclosure of names
Standardized and codified procedure
Consensus on specific time frame
All India Judicial Services (AIJS)