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Reforming the Collegium System: Challenges and Possibilities
Context:
The Supreme Court of India’s Collegium system, responsible for judicial appointments and transfers, is undergoing significant scrutiny and proposed changes.
Recent Developments in the Collegium System:
- Candidate Interviews:
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- The Collegium has introduced interviews for candidates recommended for elevation to High Courts.
- This step moves beyond relying solely on biodata and aims to enhance transparency and fairness in the selection process.
- Direct interaction allows the Collegium to assess qualifications and suitability more comprehensively.
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- Exclusion of Candidates with Judicial Relatives:
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- The Collegium plans to exclude candidates with close relatives currently serving or having served as judges in the Supreme Court or High Courts.
- This move seeks to reduce nepotism and promote diversity in judicial appointments.
- However, there is a risk of excluding meritorious candidates due to this policy.
Challenges in the Collegium System:
- Lack of Formal Rules: The Collegium system operates without binding rules, leading to opacity and inconsistency.
- While a “memorandum of procedure” exists, it lacks enforceable consequences, leaving processes vulnerable to criticism.
- Government Interference: The government often stonewalls recommendations, delaying appointments or withholding presidential warrants.
- Such delays undermine judicial independence, despite the Fourth Judges Case (2015) affirming the judiciary’s primacy.
- Judicial Inaction on Non-Compliance: The Supreme Court has avoided issuing explicit directives to the government to ensure compliance with Collegium recommendations.
- This inaction weakens the judiciary’s authority and disrupts the appointment process.
Historical Context of the Collegium System
- Constitutional Provisions:
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- Articles 124 and 217 of the Constitution govern the appointment of judges to the Supreme Court and High Courts, respectively.
- Judges are appointed by the President of India in consultation with the Chief Justice of India (CJI) and other stakeholders.
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- The Three Judges Cases
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- First Judges Case (1981): The Supreme Court ruled that the executive had primacy in judicial appointments.
- Second Judges Case (1993): This judgment established the Collegium system, giving the judiciary control over appointments and transfers to ensure independence.
- Third Judges Case (1998): The Collegium was expanded to include the CJI and the four senior-most judges for Supreme Court appointments.
Criticism of the Collegium System
- Lack of Transparency and Accountability: Critics argue that the Collegium system lacks a formalised, objective process for judicial appointments. T
- The opaque decision-making process diminishes public confidence in the judiciary.
- Rejection of the NJAC Act (2014): Parliament passed the National Judicial Appointments Commission (NJAC) Act, seeking to replace the Collegium system.
- The NJAC was struck down in the Fourth Judges Case (2015) as unconstitutional, as it was perceived to compromise judicial independence.
- Tensions Between Judiciary and Executive: The Collegium system faces a paradox: while the judiciary holds primacy in appointments, the executive can obstruct the process, creating power struggles.
Proposed Reforms for the Collegium System
- Formalisation of Collegium Procedures: Clear and binding rules are needed to govern the Collegium’s functioning, ensuring transparency, accountability, and consistency.
- Strengthening Institutional Practices: Institutionalising reforms like candidate interviews, promoting diversity, and adopting technology-driven decision-making can enhance efficiency and fairness.
- Collaborative Approach: Coordination between the judiciary and executive is essential to uphold judicial independence while addressing concerns of nepotism and bias.
Impact of Leadership Changes on the Collegium
- Reform Prioritisation: New Chief Justices may focus on different aspects of judicial appointments, influencing the pace and scope of reforms.
- Decision-Making Dynamics: The leadership style of Chief Justices can alter Collegium dynamics, affecting how candidates are evaluated and selected.
- Enforcement of Existing Rules: Adherence to rulings from the Judges Cases depends on the Chief Justice’s willingness to uphold judicial independence and enforce compliance.
Way Forward
- The Collegium system must balance accountability and independence to address criticisms while preserving the judiciary’s autonomy.
- Reforms such as interviews and exclusion policies are steps forward but require government cooperation to avoid delays and ensure effective implementation.
Rule-based governance of the Collegium’s functioning, along with collaboration between state branches, is vital to uphold the rule of law and maintain public confidence in the judiciary.
