Challenges in the Collegium System

A meeting of the Supreme Court Collegium, comprising the Chief Justice of India (CJI), and four senior-most judges, which was called for September 30 but did not take place, was subsequently “closed without there being any further deliberation”.

The Collegium system, in which the senior-most judges in a group select candidates for the higher judiciary, has been in use for about 30 years.
Its significance stems from the fact that transfers and appointments to the Supreme Court and high courts are subject to its judgement.
Its operational procedures are outlined in a “Memorandum of Procedure.”

According to the Constitution, the President appoints Supreme Court judges after consulting with the Chief Justice of India.
The court ruled in the “First Judges Case” that the consultation with the CJI must be “full and effective.”
The collegium system was established in 1993 following the Second Judges case. On judicial nominations, it was decided that the Chief Justice of India would need to consult a collegium of his two senior-most justices in the Supreme Court.
The collegium was expanded to include the CJI and four of his senior-most judges in the “Third Judges Case” case in 1998, which was a Presidential reference.

The Collegium’s operation has come under fire for being unclear. The Supreme Court’s website hosts its resolutions and recommendations, providing pertinent details regarding its judgments.
However, it is uncertain how the discussions are going or if there are any internal disagreements over a particular candidate’s appropriateness.
It primarily operates on the basis of a system where resolutions are adopted and sent to the Union Law Ministry for further action.
The Collegium may reject or resubmit a proposal for the appointment of a judge if it is sent back for review.
The Collegium’s decision is enforceable against the government if it is reaffirmed after reconsideration.

Source The Hindu

Believers IAS Academy