Demystifying The Collegium System: Examining Judicial Appointments In India

Procheto Dasgupta, B.Com. LL.B. (H), Xavier Law School, St. Xavier’s University, Kolkata

The appointment and transfer of High Court and Supreme Court judges in India is done by the President of India after the recommendations by the Collegium of the Supreme Court of India which consists of the Chief Justice of India along with the other four senior most judges of the Supreme Court. The collegium system has always been subject to controversy for various reasons. The critics of the collegium system argued that it lacks transparency and accountability which might lead to favoritism and undermining the independence of the judiciary. India which is considered to be the largest democracy of the world is the only country where judges are authorized to appoint judges compared to United States which is the oldest democracy of the world, the Supreme Court judges are primarily appointed by the President of the United States after the approval of the U.S. Senate.

The arguments which are put in favor of the collegium system is that the collegium system safeguards the judicial independence of the judiciary from political interference by giving the judges a significant say in the appointment and transfers. The Doctrine of Separation of Powers which is considered to be part of the basic structure of the Indian Constitution which mentions the division of powers between the legislature, executive and judiciary to ensure proper checks and balances in powers which is essential in a democracy. As per Article 50 of the Indian Constitution, the judiciary is considered to be separate from the executive as per the Directive Principles of State Policy and it is considered to be a fundamental feature of the Indian Constitution.

The constitutional provisions regarding the appointment of judges in Supreme Court is mentioned in Article 124 of the Indian Constitution where the President of India is authorized to appoint the judges after the consultation with the Chief Justice of India. The collegium System evolved over time by the four judges cases in the Supreme Court of India which are mentioned in detail down below: