What?
The Collegium System is the system through which judges of the Supreme Court and High Courts in India recommend the appointment and transfer of judges. It gives senior judges of the higher judiciary a leading role in judicial appointments.
Important: The Collegium System is not explicitly mentioned in the Constitution of India. It evolved through Supreme Court judgments.
Composition of the Collegium
| Appointment concerned | Composition |
|---|---|
| Supreme Court judges | Chief Justice of India (CJI) + four senior-most Supreme Court judges |
| High Court judges | CJI + two senior-most Supreme Court judges, as part of the Supreme Court Collegium process |
| High Court recommendations | Initially made by the High Court Collegium, comprising the Chief Justice of that High Court and its two senior-most judges |
How did the system evolve?
The Collegium System developed through three important Supreme Court judgments, commonly known as the Three Judges Cases.
| Case | Year | Significance |
|---|---|---|
| First Judges Case | 1981 | Gave primacy to the executive in judicial appointments. |
| Second Judges Case | 1993 | Established the primacy of the judiciary and introduced the Collegium System. |
| Third Judges Case | 1998 | Clarified and expanded the Collegium's composition and consultation process. |
Constitutional provisions
The Constitution does not expressly provide for a Collegium. However, the system operates through judicial interpretation of these provisions:
- Article 124: Appointment of Supreme Court judges.
- Article 217: Appointment of High Court judges.
- Article 222: Transfer of High Court judges.
- Article 223: Appointment of an Acting Chief Justice of a High Court.
Advantages and criticisms
| Advantages | Criticisms |
|---|---|
| Protects judicial independence from direct political influence. | The selection process lacks sufficient transparency. |
| Reduces the risk of politically motivated appointments. | Concerns about favouritism and lack of publicly stated criteria. |
| Gives experienced judges a central role in evaluating candidates. | Limited external accountability and diversity in selection. |
What about the NJAC?
In 2014, Parliament passed the 99th Constitutional Amendment and the National Judicial Appointments Commission (NJAC) Act to replace the Collegium System with a broader appointment body.
In 2015, the Supreme Court struck down the 99th Constitutional Amendment and the NJAC Act, holding that they violated the Constitution's basic structure by undermining judicial independence. Consequently, the Collegium System continued.
UPSC Prelims: Key facts to remember
- The Collegium System is not explicitly mentioned in the Constitution.
- It evolved through the Three Judges Cases of 1981, 1993 and 1998.
- Article 124 concerns Supreme Court judges; Article 217 concerns High Court judges.
- The President formally appoints judges, while the Collegium plays the leading role in recommending candidates.
- The NJAC was struck down by the Supreme Court in 2015.