COLLEGIUM SYSTEM IN INDIA

Collegium is derived from the Latin word ‘Kollegiya’ which means “Society”. The word Collegium is used for an Advisory Board or a group in which each member has same power and authority. Appointment of Judges in India is done by following Collegium System. The Collegium System in India is also known as “Judges-selecting-Judges”, that means Judges are appointed and transferred only by Judges. It is used for the appointment and transfer of High court and Supreme court judges. The Collegium System came into force in 28 October,1998. The Supreme court of India was inaugurated in 28 January,1950. The Collegium System consists of Chief Justice of India and 4-senior most Judges of Supreme Court. The Collegium System is not evolved by the Act of parliament, it is evolved by means of Judgements of Supreme Court. The Collegium System was introduced for strengthening and improving the process of appointment of judges of Supreme court and High court.

• Article 124(2) of the Indian Constitution provides that the Judges of the Supreme Court are appointed by the President.

• Article 217 of the Indian Constitution states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India and the Governor of the State. Further, the Chief Justice of the High Court should also be consulted except in case of his/her own appointment.

• In the case of S.P. Gupta v Union of India (First Judges Case) 1981 – The court said consultation under Article 124 doesn’t mean concurrence (unanimity). Based on this judgement, the President is not bound by CJI’s advice.

• In the case of Supreme Court Advocates on Record Association v Union of India (Second Judges Case )1993 – The court overruled its previous decision and said CJI’s advice is binding. Further, CJI is required to formulate his advice based on a collegium of judges consisting of CJI and two senior-most SC judges.

• In the case of In Re: Special Reference No.1 of 1998 (Third Judges Case) – The court expanded the collegium to a five-member body to include the CJI and the four senior-most judges of the court after the CJI.

• In the case of Supreme Court Advocates- on-Record-Association and Ors v Union of India (Fourth Judges Case) 2015 – The SC upheld the primacy of the collegium. Further, the court strikes down the NJAC (National Judicial Appointments Commission) Act as unconstitutional. The Court held that the Act gave the government significant powers to appoint Judges. The Court held the Act encroached upon the judiciary’s independence and undermined the basic structure.

• The NJAC comprised of 3 judges of SC, a central law minister, and 2 civil society experts.

• A person would not be recommended by NJAC if any 2 of its members did not accept such recommendation, making the appointment process more broad-based.

The Collegium system strengthens the principle of “Separation of Powers” which tells about ‘the three organs of the state should not intervene in each other’s functioning’. It separates the influence of powers the of Legislation and Executive on Judiciary. The appointments of the judges are formally made by the President of India on the recommendation of the collegium. These proposals are processed through the Ministry of Law and Justice.

The system was recently in the news as two judges of collegium expressed caution to CJI. These two judges were against the proposed elevation of 22 lawyers as High Court judges in Bombay. They felt that the proposed people were lacking in integrity and shouldn’t be appointed. In the past also the CJI had ignored the veto of senior Judges and appointed a judge. Later on, that judge went ahead and delivered an absurd verdict on the POCSO (Protection of Children from Sexual Offences) Act.

BIBLIOGRAPHY-

https://blogforumias.com

www.merriam-webster.com

www.iasexpress.net

www.jagranjosh.com

Written By:

AKHILA SOMINENI

[3rd Year, BBA.LLB(Hons.)] under the guidance of Dr. Nagalatha Bathina, Associate Professor, Vignan Institute of Law.

Editorial Director:

Dr. Nagalatha Bathina, Associate Professor, Vignan Institute of Law.

Editors:

Dr. Praveen Kumar, Director, Vignan Institute of Law