QUES . Discuss the advantages and disadvantages of the Collegium System in India. UPSC IES/ISS EXAM 2022 General Studies. 200 Words. 5 Marks
QUES . Discuss critically the collegium system for the appointment of the Higher Judiciary. UPSC IES/ISS EXAM 2014 General Studies. 200 Words. 5 Marks
HINTS:
In India, until 1993, the appointment of judges of the Supreme Court was done by the President in consultation with the Chief Justice and two other senior-most judges of the Supreme Court.
Since 1993, it is the Collegium system evolved by the Supreme Court that decides on appointments and transfers of judges in the higher judiciary, though the nominal appointing authority is the President of India.
Strictly speaking, one can say that the Collegium was the result of the differences between the executive and the judiciary. While the Collegium system finds no mention in the Constitution of India, it has evolved through the Supreme Court’s own three judgments, known collectively as the Three Judges Cases (1981, 1993 and 1998).
Must read: Principle of ‘checks and balance’ under constitution of India
Under the Collegium system, the Chief Justice of India and his 4 senior-most colleagues make recommendations for the candidates to be appointed as SC judges to the President.
The recommendations by the Collegium for the Supreme Court can be of two types: One, when high court judges are to be elevated to the Supreme Court; and two, when senior lawyers are directly appointed as Supreme Court judges.
For appointments to the high courts, the Supreme Court Collegium consists of only 3 judges – The Chief Justice of India and two senior-most judges.
Like the Supreme Court, the high courts, too, have a Collegium, headed by the chief justice of the high court and two senior-most judges as members. The high court Collegium sends its judicial appointments recommendation only to the Supreme Court Collegium.
Advantages of Collegium System
Independence of the judiciary: The Collegium System ensures the independence of the judiciary as judges are appointed by senior judges rather than the government, which reduces the chances of political interference.
Merit-based appointments: The system ensures that judges are appointed based on their merit, experience, and expertise, rather than political considerations.
Transparency: The Collegium System is more transparent than the earlier system where the government had the power to appoint judges. The proceedings of the Collegium are made public, and the reasons for the appointment or rejection of a candidate are explained in detail.
Accountability: The Collegium System has brought more accountability to the appointment of judges.
Disadvantages of Collegium System
Lack of lack of representation from marginalized groups: Critics argue that the Collegium System has failed to promote diversity in the judiciary as judges tend to appoint people from influential backgrounds, leading to a lack of representation from marginalized groups.
Lack of transparency: The Collegium System is also criticized for its lack of transparency in decision-making. The system is criticized for being a closed-door process with no scope for public participation.
No checks and balances: The Collegium System has been criticized for its lack of checks and balances, as the appointment of judges is entirely in the hands of the judiciary without any role for the executive or the legislature.
Tendency towards favoritism: There have been allegations that the Collegium System tends to promote favoritism, as the selection of judges is based on personal relationships and lobbying within the judiciary.
Thus, the Collegium System in India has both advantages and disadvantages. While it ensures the independence and merit-based appointment of judges, it lacks transparency and diversity and can also promote favoritism. The system needs to be reformed to address these shortcomings while maintaining the independence and accountability of the judiciary.
External link: https://www.bbc.com/news/world-asia-india-64372672
