The Collegium System is a system of appointing judges to the higher judiciary in India. It is a unique system that was introduced in 1993 by a Supreme Court judgment known as the “Second Judges case.” The Collegium System is responsible for the appointment and transfer of judges to the Supreme Court and High Courts in India. In this article, we will take a closer look at the Collegium System and its functioning.
What is the Collegium System?
The Collegium System is a system of appointing judges to the higher judiciary in India. It is a body of senior judges who are responsible for the appointment and transfer of judges to the Supreme Court and High Courts. The Collegium System was introduced in 1993 by a Supreme Court judgment to ensure the independence of the judiciary and to reduce political interference in the appointment process.
Composition of the Collegium
The Collegium System is composed of the Chief Justice of India and four other senior-most judges of the Supreme Court. The Chief Justice of India heads the Collegium. The Collegium is responsible for the appointment and transfer of judges to the Supreme Court and High Courts.
Functioning of the Collegium
The Collegium System follows a process for the appointment and transfer of judges to the higher judiciary in India. The process is as follows:
- Consultation: The Collegium consults with the Chief Justice of the High Court and other senior judges of the High Court in which a judge is being appointed or transferred.
- Recommendation: The Collegium recommends the name of the judge to be appointed or transferred to the President of India.
- Approval: The President of India approves the appointment or transfer of the judge.
Challenges to the Collegium System
The Collegium System has faced criticism and challenges over the years. Critics argue that the Collegium System lacks transparency, and the process of appointment and transfer of judges is often opaque. They also argue that the system is not accountable, and there is no mechanism to address complaints against judges.
Conclusion
In conclusion, the Collegium System is a unique system of appointing judges to the higher judiciary in India. It was introduced to ensure the independence of the judiciary and reduce political interference in the appointment process. The Collegium System is composed of the Chief Justice of India and four other senior-most judges of the Supreme Court. The Collegium System follows a process for the appointment and transfer of judges to the higher judiciary in India. While the Collegium System has faced criticism, it remains an important institution for maintaining the independence of the judiciary in India.