Collegium System for Judicial Appointments Explained
Why in the news
Half-burnt currency notes were recovered on March 14 at the official residence of High Court judge Justice Yashwant Varma. Rajya Sabha Chairman and Vice-President Jagdeep Dhankhar then held a meeting of floor leaders, fuelling talk of Parliament stepping into judicial appointments.
Key facts
- The collegium selects and transfers judges of the Supreme Court and High Courts.
- Supreme Court collegium: CJI plus four senior-most judges; High Court collegium: its Chief Justice plus two senior-most judges.
| Case | Year | Outcome |
|---|---|---|
| First Judges Case | 1981 | Government could reject the CJI’s recommendation for strong reasons; executive dominated for 12 years |
| Second Judges Case | 1993 | “Consultation” meant collective view of top judges, not one person; collegium idea began |
| Third Judges Case | 1998 | Collegium enlarged to five members |
How appointments work
- CJI: outgoing CJI recommends a successor, usually by seniority; the President appoints.
- Other Supreme Court judges: CJI and four seniors agree on names, which go to the Law Minister, the Prime Minister and then the President.
- High Court Chief Justices: usually from outside the home State; the proposal moves from the outgoing Chief Justice and seniors to the Chief Minister, the Governor and the Union Law Minister.
Concerns
- Secrecy: no public records of why names are picked or rejected.
- Risk of nepotism, since there are no fixed criteria.
- Lack of checks and balances over judicial power.
- Poor representation of women and diverse groups.
Reform attempt
- The National Judicial Appointments Commission (NJAC) in 2014 sought a transparent, balanced process involving non-judges.
- The Supreme Court struck it down in 2015 as a threat to judicial independence and separation of powers.
Exam angle
- NJAC came through the 99th Constitutional Amendment Act.
- The 39th Amendment (1975) concerned election disputes of top offices, not the NJAC.
- Sample mains question: critically examine the NJAC Act, 2014 judgment.