Collegium System in India

The Collegium System is a unique mechanism in India responsible for the appointment and transfer of judges to the Supreme Court and High Courts. It evolved through a series of judicial interpretations and is not mentioned explicitly in the Indian Constitution. While it upholds judicial independence, the Collegium system has also faced criticisms for its opacity and lack of accountability. This article delves into the meaning of the Collegium system in India, its evolution through landmark cases, and its overall role in maintaining judicial independence.

What is the Collegium System?

The Collegium refers to a body of judges that recommends appointments and transfers of judges in the higher judiciary. It primarily involves the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court. The Collegium has no constitutional backing but derives its authority from judicial pronouncements in the “Three Judges Cases”.

Key Features of the Collegium System

1. Appointments: Judges of the Supreme Court and High Courts are appointed based on Collegium recommendations.
2. Transfers: Judges can be transferred from one High Court to another.
3. Majority Rule: In cases of differing opinions, the majority view prevails within the Collegium.
4. Executive Role: The President appoints judges based on Collegium recommendations, but the executive cannot override repeated Collegium decisions.

Constitutional Provisions Related to Appointments

While the Collegium system is judicially evolved, the Indian Constitution lays out provisions for the appointment of judges.

1. Article 124: Deals with the appointment of Supreme Court judges.
   • The President appoints judges after consulting with the CJI and other Supreme Court/High Court judges as deemed necessary.
2. Article 217: Deals with the appointment of High Court judges.
   • The President appoints judges in consultation with:
     • The Chief Justice of India.
     • The Governor of the state.
     • The Chief Justice of the High Court.
3. Article 222: Provides for the transfer of High Court judges by the President after consulting the CJI.

Evolution of the Collegium System

The Collegium system evolved through a series of landmark cases referred to as the Three Judges Cases. These cases redefined the relationship between the judiciary and the executive regarding judicial appointments.

First Judges Case (S.P. Gupta vs. Union of India, 1981)

• The Supreme Court ruled that the term “consultation” under Article 124 does not mean “concurrence.”
• The executive had primacy over the judiciary in judicial appointments.
• This decision gave more power to the executive, which led to concerns about judicial independence.

Second Judges Case (Supreme Court Advocates-on-Record Association, 1993)

• The decision overturned the First Judges Case.
• The Supreme Court ruled that “consultation” under Article 124 means “concurrence”, giving the judiciary primacy.
• This case introduced the Collegium System, where the CJI’s recommendation, in consultation with the four senior-most judges, became binding on the executive.

Third Judges Case (In Re Presidential Reference, 1998)

• Clarified the Collegium System and its procedures.
• Laid down the requirement for consultation with a plurality of judges.
• Recommendations for Supreme Court judges require consultation with the four senior-most judges.
• For High Courts, the CJI consults two senior-most judges.
• Reinforced the judiciary’s primacy over judicial appointments.

Fourth Judges Case (NJAC Case, 2015)

• The National Judicial Appointments Commission (NJAC) Act, 2014, sought to replace the Collegium system with a more transparent body involving the executive and eminent persons.
• The Supreme Court struck down the NJAC as unconstitutional, citing a threat to judicial independence.
• The Collegium system remains in place today.

Structure of the Collegium System

Supreme Court Collegium

• Headed by the Chief Justice of India.
• Comprises the four senior-most judges of the Supreme Court.
• Responsible for recommending names for:
  1. Appointment to the Supreme Court.
  2. Transfer of judges across High Courts.
  3. Appointment of High Court Chief Justices.

High Court Collegium

• Headed by the Chief Justice of the respective High Court.
• Comprises the two senior-most judges of the High Court.
• Recommendations made by the High Court Collegium are sent to the Supreme Court Collegium for approval.

Role of the Executive

• The President of India formally appoints judges based on Collegium recommendations.
• The executive can return a recommendation for reconsideration.
• If the Collegium reiterates its recommendation, it becomes binding on the executive.

Importance of the Collegium System

The Collegium system plays a crucial role in maintaining the independence of the judiciary:

1. Judicial Independence: Ensures that judges are appointed free from political influence.
2. Merit-Based Appointments: Focuses on seniority, integrity, and performance.
3. Guard Against Executive Overreach: Protects the judiciary from undue influence by the executive.

Criticisms of the Collegium System

Despite its significance, the Collegium system faces several criticisms:

1. Lack of Transparency: The process of selection occurs behind closed doors without formal criteria or accountability.
2. No Mechanism for Background Checks: Absence of an independent body to verify the credentials and integrity of candidates.
3. Judicial Overreach: Critics argue that the judiciary has taken over a function intended to be shared with the executive.
4. Exclusion of Talent: Seniority-based appointments may overlook talented junior judges and advocates.
5. Administrative Burden: The lack of a formal secretariat places a significant burden on judges involved in the Collegium process.

Suggested Reforms

1. Creation of a Judicial Secretariat: A dedicated body to collect and verify information about candidates.
2. Transparency and Accountability: Making the process more open and publishing reasons for appointments.
3. Revisiting NJAC with Modifications: Introducing checks and balances while preserving judicial independence.
4. Diversity in Appointments: Ensuring representation of women, minorities, and marginalised communities.

Conclusion

The Collegium System represents an attempt to secure judicial independence by giving the judiciary primacy in its appointments. While it plays a pivotal role in maintaining the autonomy of the judiciary, its shortcomings in transparency and accountability remain a cause for concern. Reforming the system without compromising the independence of the judiciary is the need of the hour. A balance must be struck between judicial primacy and executive accountability to ensure that the higher judiciary functions in a fair, transparent, and merit-based manner.