Analysing The Effectiveness Of The Collegium System In Ensuring Judicial Independence In India

R. Sri Ram & K. Threeshwaran, BA. LL. B (Hons.), Saveetha School of Law, Saveetha Institute of Medical and Technical Sciences (SIMATS).

ABSTRACT

This paper vividly explores impediments and hindrances involved in the independence of bar with the intervention of collegium system. Collegium intervention might be a twice edged brand in the bar. The Collegium system has nebulousness, lack of translucency and responsibility which is getting a major issue in the judiciary. The independence of bar is being confined and controlled by the supremacy of the collegium system in numerous ways. The principle of check and balance is violated in this collegium system. The system is largely independent and has come an autocratic body which leads to a smirch over the independence of bar. So this system is getting unconstitutional and suffocating the ultramodern period of Indian bar in numerous ways. This system has come obsolete and lacks in dynamic deliverance of justice to commonfolks. The motive and ideal of the collegium system is going against the formative development of the judicial structure. There was no reforms and emendations made so far in this collegium system. This system is set up with lots of crunches and gaps which led to stagnance in the inflow of justice in India. The system has to be remedied by the independent competent authority of law. , the Chief Justice of India has to superintendence over this matter of concern. The system has to be enhanced with lesser quality and standard. significance has to be given and concentrated. Because the present collegium system lacks translucency, responsibility and objectivity. Collegium system bring an unstable representation substantially women are fairly underrepresented in the advanced judiciary. The process in the system similar as like judicial movables were being delayed due to detention in recommendations by the collegium for the advanced judiciary. This paper illustrates and highlights the colourful impacts of collegium system towards the independence of bar in different aspects and also suggest ways to extemporise the standard of the system.

Keywords: Collegium system Judiciary/ Independence/ translucency/ Responsibility