QUES . Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA. Answer in 250 words.15 marks. UPSC MAINS 2025 GS PAPER 2

HINTS:

The collegium system is a mechanism for appointing and transferring judges to the Supreme Court and High Courts . The system involves a collegium of judges recommending candidates for appointment to Supreme Court and High Courts, which the government can only object to once, and must appoint if the collegium reiterates its decision.

Must read: Collegium System – Definition, Advantages and Disadvantages

How the judges of the Supreme Court are appointed?

The judges of the Supreme Court are appointed by the president under Article 124(2) of the Constitution. The chief justice is appointed by the president after consultation with such judges of the Supreme Court and high courts as he deems necessary. The other judges are appointed by president after consultation with the chief justice and such other judges of the Supreme Court and the high courts as he deems necessary.

Evolution of Collegium System in India

The collegium system in India emerged through judicial interpretation rather than constitutional design. It originated from three Supreme Court judgments (rendered in 1981, 1993, and 1998), collectively known as the Three Judges Cases.

First Judges Case (1981):

A seven judge Constitution Bench held that the President of India is the final authority to appoint and he need not follow the advice of the judges whom he consults. It meant ‘consultation is not concurrence’.

Second Judges Case (1993):

A nine-judge Constitution Bench overruled the decision given in First Judges Case (1981) and devised a specific procedure called ‘Collegium System’ for the appointment and transfer of judges in the higher judiciary. It ruled that advice tendered by the Chief Justice of India is binding on the President in the matters of appointment of the judges of the Supreme Court. But, the Chief Justice would tender his advice on the matter after consulting two of his seniormost colleagues that is a collegium consisting of total three judges.

Third Judges Case (1998):

The Court opined that the consultation process to be adopted by the Chief justice of India requires ‘consultation of plurality judges’. He should consult a collegium of four seniormost judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government.

Thus, at present, the consultation with the chief justice is obligatory in the case of appointment of a judge other than Chief justice.

However, the 99th Constitutional Amendment Act, 2014 sought replacement of Collegium System with National Judicial Appointments Commission. But , in 2015, the Supreme Court struck down the 99th Amendment and the accompanying NJAC Act, declaring them unconstitutional as they violated the basic structure of the Indian Constitution, specifically the independence of the judiciary.

Appointment of Judges of the Supreme Court of India

Advantages:

Selection and assessment by experts: The Collegium, consisting of legal experts, is believed to be better equipped to assess the qualifications and suitability of judicial candidates compared to the executive. Judges better understand judicial competence and integrity requirements for effective adjudication.

Secrecy and Independence: Collegium System increases secrecy within the judiciary, fostering its independence from political influences and political pressures. It operates within the four walls of the institution, ensuring effective functioning.

Maintains separation of powers: It separates the judiciary from the executive in public services and ensures judicial independence and impartiality in the justice system as envisaged in Article 50 of the Indian Constitution.

Prevents executive dominance: The system prevents executive dominance over judicial branch and also prevents misuse of appointment power by the executive.

Protects from electoral politics: The Collegium System insulates appointments from changing political equations, thus providing consistency in appointments.

Disadvantages:

Lack of Guidelines: The Collegium System lacks clear guidelines for selecting judges, opening the door to nepotism and favoritism. The collegium system is notorious for the nepotistic phenomenon called the uncle judge syndrome.

Transparency Concerns: The system is criticized for its lack of transparency as closed-door decisions breed suspicion. The decision-making process is often considered opaque.

Absence of accountability: The Collegium is not accountable to any administrative body, and its decisions are not subject to external review. There is no formal selection criteria, public scrutiny, or grievance redressal mechanism. This lack of accountability can lead to potential issues in the selection process.

Violates the Principle of Checks and Balances: The Collegium System violates the principle of checks and balances, as it grants immense power to the judiciary in the appointment of judges, limiting the checks on its powers.

Lack of Representation of Marginalised Communities: The collegium system has often been alleged to have caste bias due to the lack of representation of marginalised communities such as the Other Backward Class, Scheduled Castes and Scheduled Tribes.

Self-perpetuating system: “Judges appointing judges” creates insularity.

Limited Representation of Women: There have been only 11 women justices in the Supreme Court since its inception till now (Sep. 2025). Currently, there is just one sitting women judge out of the total 34 – Justice B. V. Nagarathna.

Appointment of Judges of the Supreme Court of USA

Advantages:

Democratic legitimacy: Judges of the Supreme Court are nominated by the President and confirmed by the United States Senate. The confirmation by the Senate ensures people’s voice through elected representatives.

Procedure mentioned in Constitution: Article II, Section 2, Clause 2 of the U.S. Constitution provides for the appointment of Supreme Court judges through a process where the President nominates the candidate, and the Senate provides its “advice and consent” to confirm the appointment. This clause is part of what is known as the Appointments Clause.

Transparent proceedings: Senate confirmation hearings allow scrutiny of the candidate’s competence.

Comprehensive secret checks: FBI background checks, judiciary committee examination before appointment.

Ensures checks and balances: Sharing power between executive and legislature prevents concentration in one branch. Inter-branch cooperation is required.

Disadvantages:

Politicisation of judiciary: Partisan battles overshadow merit. Appointments often reflect party ideology, thus undermining neutrality.

Ideological considerations: Presidents seek political philosophical alignment over pure competence.

Lengthy confirmation battles: Political tug of war delays appointments.

Public display discourages qualified candidates: Highly conflicting public hearings can deter capable but low-profile individuals. Character assassination attempts may occur during hearings.

Conclusion:

Unlike the Indian Collegium system of appointment of Judges which prioritises autonomy of the judiciary, the US model is rooted in executive nomination, legislative confirmation and democratic participation. Both India and USA aim to balance judicial independence with accountability, but through different mechanisms.