Collegium System in India

In India, judges of the higher judiciary are not selected through public exams or elections. So how are they appointed? The answer lies in the Collegium System, a unique method that gives top judges the power to choose other judges. This system plays a central role in maintaining judicial independence but has also been criticized for lacking transparency.

In this article, we will explain what the collegium system in India is, how it evolved, what its members do, the controversies around it, and efforts made to reform it.

What Is the Collegium System?

The collegium system is a method used in India for the appointment and transfer of judges in the higher judiciary, i.e., the High Courts and the Supreme Court.

The word “collegium” generally means a group of people with shared authority or responsibilities. In the Indian judicial context, it refers to a group of senior judges, including the Chief Justice of India (CJI), who decide who should be appointed or promoted as a judge.

What Was the Collegium System First Introduced in Relation to?

The collegium system was first introduced in relation to the appointment of judges through a set of landmark Supreme Court judgments. It is important to note that the collegium system is not mentioned in the Constitution or any law passed by Parliament. Instead, it evolved through judicial interpretations of Articles 124 and 217 of the Constitution.

Evolution of the Collegium System in India

The development of the collegium system took place through three major court cases, also known as the Judges Cases.

Let’s briefly understand each of these:

First Judges Case (1981) –  S. P. Gupta and Others v. Union of India

The Supreme Court held that the word “consultation” (used in the Constitution for appointments) does not mean “concurrence.” This gave the central government more power than the judiciary in appointing judges.

Second Judges Case (1993) – Supreme Court Advocates-on-Record Association vs Union of India

This reversed the 1981 ruling. The Court now interpreted “consultation” to mean “concurrence,” meaning the government had to go along with the CJI’s recommendation. This is when the collegium system for appointment of judges was effectively born.

Third Judges Case (1998) –  In Re: Special Reference No. 1 of 1998

The Supreme Court further expanded the system by stating that the CJI must consult a plurality of judges—specifically, four senior-most judges. Thus, the Supreme Court Collegium became a five-member body.

Collegium System Members and Structure

Supreme Court Collegium Members

The Supreme Court Collegium consists of:

• Chief Justice of India (CJI)
• Four senior-most judges of the Supreme Court
  

This body decides appointments and transfers of:

• Judges of the Supreme Court
• Chief Justices and judges of High Courts

High Court Collegium Members

Each High Court Collegium includes:

• Chief Justice of the High Court
• Two senior-most judges of that High Court

This body recommends names for appointment or elevation to that High Court.

How the Collegium System Works

Appointment of Supreme Court Judges

1. Initiation: The Chief Justice of India (CJI) identifies upcoming vacancies and initiates the proposal.
2. Consultation: The CJI consults the four senior-most Supreme Court judges (forming the Supreme Court collegium) and the senior-most judge from the nominee’s originating High Court.
3. Recommendation: Their written opinions are compiled into a file and sent to the Law Minister.
4. Executive Review: The Law Minister reviews it and forwards the file to the Prime Minister, who then advises the President.
5. Appointment: The President formally appoints the judge.

Appointment of High Court Judges

1. Initiation: The High Court collegium—the High Court’s Chief Justice and two senior-most judges—identifies candidates and recommends names.
2. State-Level Review: The proposal goes first to the Chief Minister, then to the Governor, and meanwhile a copy is sent to the Union Law Minister and CJI for advance reference.
3. Evaluation by Supreme Court Collegium: The file is reviewed by the Supreme Court collegium, which may confirm or request reassessment.
4. President’s Approval: Recommended names are forwarded as before—Law Minister → Prime Minister → President—for final appointment.

Why Was the Collegium System Introduced?

The collegium system was introduced in India to protect the independence of the judiciary from the influence of the executive. In earlier decades, there were concerns about political interference in judicial appointments. The Supreme Court stepped in to make sure that judges could appoint judges without government control.

Controversies Around the Collegium System

While the collegium system aims to protect judicial independence, it has also faced severe criticism. Let’s explore the key concerns.

Lack of Transparency

The collegium functions behind closed doors. There are no official criteria for selection, no written reasons for appointments or rejections, and no public record of meetings.

No Accountability

Since the system is entirely judge-controlled, there is no external accountability. This can lead to favoritism, nepotism, or overlooking deserving candidates.

No Representation

There is a lack of diversity in the higher judiciary, with very few women, Dalits, or people from backward communities appointed as judges.

No Secretariat

There is no independent body to support the collegium in research, verification, or record-keeping. This makes the process even more opaque.

Attempts to Reform the Collegium System

The most significant attempt to replace the collegium system was the creation of the National Judicial Appointments Commission (NJAC) in 2014.

Why Was NJAC Created?

The collegium system of appointing judges in India faced criticisms, especially for its lack of transparency, no accountability, and accusations of nepotism. In a bid to address these concerns, the 99th Constitutional Amendment Act, 2014, and the NJAC Act, 2014, were enacted to form the National Judicial Appointments Commission (NJAC).

Composition of the NJAC

The NJAC was designed to include six members:

1. Chief Justice of India (CJI) – Chairperson
2. Two senior-most SC judges
3. Union Law Minister (ex‑officio)
4. Two eminent persons – chosen by a selection committee (CJI, PM, and Leader of Opposition), with at least one woman or someone from SC/ST/OBC/minority communities.

This mixed body was intended to balance judicial independence with executive and societal participation in selecting judges.

Mandate of NJAC

NJAC was empowered to recommend:

• Appointments of the CJI and Supreme Court judges
• Elevations and transfers of High Court Chief Justices and judges

Its aim was to bring greater merit-based selection, diversity, and depart from all-judge selection in the collegium system.

Supreme Court Verdict: NJAC Struck Down

On 16 October 2015, in Supreme Court Advocates-on-Record Association v Union of India (also known as the Fourth Judges Case), a Constitution Bench struck down the NJAC and the 99th Amendment by a 4:1 majority.

Main reasons cited:

• Violation of judicial independence by including executive members like the Law Minister and other nominated persons who could exercise veto power.
• Threat to separation of powers, with executive influence over judge selection.
• Vagueness in selecting “eminent persons” without clear qualifications raised the risk of political control.
• Concern that judges appointed via NJAC may owe favors to executive members.

Justice Chelameswar dissented, favoring NJAC to curb collegium’s nepotistic tendencies

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.

CJI Gavai’s Remarks on Collegium Reforms

In July 2025, Chief Justice of India B. R. Gavai addressed concerns regarding the collegium system. He promised:

• Complete transparency
• No compromise on merit
• Representation for all sections of society

This is a significant step as it shows the judiciary is open to reforming itself from within, though critics say structural changes are still needed.

Summary Table: Pros and Cons of Collegium System in India

Final Thoughts

The collegium system in India is a powerful, judge-led process for appointing judges. While it has been instrumental in guaranteeing judicial independence, it is far from perfect. Issues like secrecy, lack of diversity, and absence of accountability continue to raise valid concerns.

Reforms are essential, not to hand over power to politicians, but to make the process transparent, inclusive, and just. As CJI Gavai pointed out, the credibility of the judiciary depends not only on independence but also on the public’s trust.

FAQs

What is the collegium system in Indian courts?

The collegium system is a process used to appoint and transfer judges in the Supreme Court and High Courts. It is controlled by senior judges without involvement from the executive or legislature.

What is a 3 judge bench called?

A bench of three judges is called a Division Bench.

Who is the head of the collegium?

The Chief Justice of India (CJI) is the head of the Supreme Court Collegium.

What is the difference between SC Collegium and HC Collegium?

The SC Collegium consists of the CJI and four senior-most SC judges. It handles appointments to the Supreme Court and transfers across High Courts.
The HC Collegium includes the Chief Justice of that High Court and two senior-most judges. It handles appointments within that High Court.

How many members are there in the collegium?

• Supreme Court Collegium: 5 members  (CJI + 4 senior-most judges)
• High Court Collegium: 3 members (HC Chief Justice + 2 senior-most judges)

What are the problems with the collegium system?

The major problems are lack of transparency, no official criteria, risk of favoritism, absence of diversity, and no public accountability.