Constitutionality Of The Collegium System In India

Adv. Simran Rakesh Pardeshi, Deccan Education Society’s Shri. Navalmal Firodia Law College, Pune

➢ INTRODUCTION/CONCEPT

The Collegium system in India refers to a method of appointing and transferring judges in the higher judiciary, particularly in the Supreme Court and High Courts. The Chief Justice of India (CJI) heads the Collegium, which comprises the four senior-most judges of the Supreme Court. This system evolved through judicial interpretation of the Constitution and has been a significant aspect of the country's legal landscape. the Collegium system involves a collective decision-making process for judicial appointments and transfers. The Chief Justice, along with the four senior-most judges, deliberates and recommends individuals for appointment as judges or for transfer to different courts.

This process is aimed at ensuring transparency and reducing the scope for external influence in the judiciary's functioning. It is important to note that the Collegium system has been a subject of debate and discussions in India, with calls for reforms and alternative methods of appointment gaining attention over time. The system has undergone changes, and its dynamics continue to be a matter of legal and public discourse in the country.

the research is conducted to draw attention to transparency and accountability in the Collegium system with an emphasis on proper representation of SC (Scheduled Castes), ST (Scheduled Tribes), and women, it suggests a commitment to addressing diversity and fairness in judicial appointments. The goal seems to be making the Collegium system more inclusive and representative of the broader demographic diversity in the country.

➢ EVOLUTION OF THE SYSTEM

the system of appointment and transfer of judges, known as the Collegium system, has developed through judicial interpretations and rulings by the Supreme Court of India. Unlike being established through a specific Act of Parliament or a constitutional provision, the Collegium system's evolution is a result of the judiciary's own decisions and pronouncements.