Collegium System: Judicial Independence Debate

COLLEGIUM SYSTEM: JUDICIAL INDEPENDENCE AND REFORM DEBATE

WHY IN THE NEWS ?

  • Recent Controversy: Retired Supreme Court judge Justice Sanjay Kaul suggested that former CJI D.Y. Chandrachud may have discussed proposed judicial appointments with the Union Government before collegium deliberations.
  • Key Concern: The issue has revived debates over judicial independence, executive interference, transparency and accountability in judicial appointments.

Collegium System: Judicial Independence Debate

COLLEGIUM SYSTEM: EVOLUTION AND CONSTITUTIONAL PROVISIONS

  • Article 124: Provides for the appointment of Supreme Court judges by the President after consultation with the Chief Justice of India.
  • Article 217: Deals with High Court judge appointments after consultation with the CJI, High Court Chief Justice and Governor.
  • First Judges Case (1981): The Supreme Court initially upheld the primacy of the executive in judicial appointments.
  • Second Judges Case (1993): Established the Collegium System, giving primacy to the judiciary in appointments to protect judicial independence.
  • Third Judges Case (1998): Clarified the collegium’s composition and functioning through a Presidential Reference.
  • Composition: The Supreme Court collegium consists of the CJI and four senior-most judges, while High Court appointments involve the CJI and two senior-most Supreme Court judges.
  • Memorandum of Procedure: The 1998 MoP provides the framework for appointments. The Centre can return recommendations for reconsideration, but reiterated recommendations are generally binding.

CHALLENGES AND REFORMS IN JUDICIAL APPOINTMENTS

  • NJAC Amendment: The 99th Constitutional Amendment Act, 2014 established the National Judicial Appointments Commission (NJAC), comprising the CJI, two senior judges, Union Law Minister and two eminent persons.
  • Supreme Court Verdict: In 2015, the Supreme Court struck down the NJAC, holding that it violated the basic structure doctrine, particularly judicial independence.
  • Transparency Deficit: The collegium faces criticism due to limited disclosure of selection criteria and reasons behind appointments.
  • Nepotism Allegations: Concerns persist regarding favouritism and preferential treatment towards relatives of sitting judges.
  • Reform Proposal: Finalising the revised MoP can improve transparency, accountability and consultation in judicial appointments.
  • Long-term Reform: A broader appointment mechanism involving the judiciary, legislature, Bar Council and academia could make the process more inclusive while protecting judicial independence.

ABOUT JUDICIAL APPOINTMENTS AND INDEPENDENCE:

●      United States: Federal Supreme Court judges are nominated by the President and confirmed by the Senate.

●      United Kingdom: An independent Judicial Appointments Commission selects candidates for judicial positions.

●      South Africa: The Judicial Service Commission recommends judicial appointments and includes representatives from different institutional backgrounds.

●      Basic Structure Doctrine: Established in the Kesavananda Bharati case (1973), it prevents Parliament from altering the Constitution’s fundamental features.

●      Judicial Independence: It is an essential feature of the Constitution, ensuring impartial justice, separation of powers and protection of fundamental rights.