Understanding the Collegium System: The Evolution of Judicial Appointments in India

Keywords: Collegium System, Supreme Court judges, judicial appointments, Indian Polity, UPSC Exam, Three Judges Cases

Introduction

The Collegium System is a crucial aspect of the Indian judicial system and the appointment of Supreme Court judges. Aspirants preparing for the UPSC Exam, particularly the General Studies Paper 2, which covers Indian Polity, must have a deep understanding of this topic. In this article, we will explore the evolution of the Collegium System, its latest developments, and its significance in the context of the Indian administrative and bureaucratic framework.

Appointment of Supreme Court Judges

According to Article 124 of the Constitution of India, the Supreme Court of India consists of a Chief Justice of India (CJI) and, until prescribed by law, not more than seven other judges. The President of India appoints every judge of the Supreme Court after consultation with the CJI and other judges of the Supreme Court and High Courts as deemed necessary.

In the process of judicial appointments, the President must take into account the opinion of the CJI, which is binding on the government. The CJI's opinion must be formed after due consultation with a collegium comprising at least four senior-most judges of the Supreme Court. Even if two judges give an adverse opinion, the recommendation should not be sent to the government.

Timeline for Changes in the Appointment Procedures

The appointment procedures for Supreme Court judges have evolved over time through landmark judgments by the Supreme Court. Let's take a look at the timeline of these changes:

1. Appointment of CJI 1950-1973

From 1950 to 1973, there existed a consensus between the government and the Chief Justice of India. A convention was established where the senior-most judge of the Supreme Court was appointed as the Chief Justice of India. However, this convention was violated in 1973 when A.N. Ray was appointed as the Chief Justice of India, superseding three other senior judges. This led to a clash between the executive and the judiciary.

2. First Judges Case, 1982

In 1982, the Supreme Court heard the S.P. Gupta Case, also known as the First Judges Case. During the proceedings, the Supreme Court clarified that the word "consultation" in Article 124 of the Constitution does not mean "concurrence." The President was not bound to make a decision based on the consultation of the Supreme Court. Another significant point of discussion in this case was the transfer of High Court judges to other High Courts, even against their will.

3. Second Judges Case, 1993

The Second Judges Case, filed in 1993 by the Supreme Court Advocates on Record Association (SCARA), overturned the decision of the First Judges Case. The Supreme Court ruled that consultation should be interpreted as concurrence, making the President of India bound by the consultations of the CJI. This gave birth to the Collegium System.

4. Third Judges Case, 1998

In 1998, the Supreme Court received a presidential reference questioning the meaning of the word "consultation" in Articles 124, 217, and 222 of the Constitution. The Supreme Court laid down strict guidelines for the appointment, transfer, and promotion of judges. According to the Third Judges Case, the consultation process includes a collegium of the four senior-most judges of the Supreme Court. Even if two judges hold an adverse opinion, the CJI will not recommend the appointment to the government.

The Collegium System

The Collegium System, born out of the Second and Third Judges Cases, plays a pivotal role in the appointment of judges in India. In this system, the collegium, consisting of the Chief Justice of India and a group of senior-most judges, recommends candidates for judicial appointments to the Central Government.

The appointment process under the Collegium System can be time-consuming, as there is no fixed time limit for it. If the collegium resends the same name for consideration, the government must give its assent. However, the Collegium System has faced criticism for its lack of transparency and accountability.

National Judicial Appointment Commission Act, 2014

In response to the criticism of the Collegium System, the government introduced the National Judicial Appointment Commission Act (NJAC) in 2014. The NJAC aimed to replace the collegium system with a commission consisting of judges and external members. However, in 2015, the Supreme Court declared the NJAC and the Constitutional (Ninety-Nine Amendment) Act, 2014 unconstitutional, stating that it compromised the independence of the judiciary.

Comparative Analysis: Judicial Appointments in Other Major Countries

To gain a broader perspective, let's compare the process of judicial appointments in India with some major countries:

• United States: In the US, judges of the Federal Court are appointed by the President with the advice and consent of the Senate. The candidates are evaluated by a committee of the American Bar Association and reviewed by the Senate Judiciary Committee.
• United Kingdom: The independent Judicial Appointments Commission (JAC) oversees the process of judicial appointments in the UK. The JAC consists of judges and members selected through open competition.
• France: In France, judges are appointed by the President on the recommendation of the Higher Council of the Judiciary. The judges serve three-year terms, renewable based on the recommendation of the Ministry of Justice.
• South Africa: South Africa has a Judicial Services Commission (JSC) comprising 23 members that advises the President on judicial nominations.
• Latin American Countries: In countries like Argentina and Brazil, the President nominates judges, subject to the approval of the respective Senates.

Conclusion

The Collegium System, evolved through landmark judgments by the Supreme Court, has significantly influenced the appointment of judges in India. Despite facing criticism for its lack of transparency and accountability, the Collegium System continues to play a crucial role in the judicial appointment process. Understanding the evolution and functioning of the Collegium System is essential for aspirants preparing for the UPSC Exam, particularly the subject of Indian Polity. By staying updated with the latest developments in the judicial appointments system, aspiring civil servants can enhance their knowledge and preparation for the exam.

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