Judicial Appointments In India: A Comparative Analysis Of The Collegium System And The NJAC
- IJLLR Journal
- Mar 21
- 1 min read
Thanmaya Edula Reddy, School of Law, Christ (Deemed To Be University)
ABSTRACT
The Indian judicial appointment system, in particular the Collegium System, has been a subject of significant debate due to concerns about transparency, accountability, and judicial independence. The authors aim to critically analyse the evolution of the Collegium System and the National Judicial Appointments Commission (NJAC), highlighting their respective strengths and weaknesses in light of the constitutional principle of the separation of powers and judicial independence. The study examines the historical development of these systems, focusing on key judicial rulings, such as S.P. Gupta v. Union of India and the Supreme Court Advocates-on-Record Association v. Union of India, which have shaped the current judicial appointment process. The paper incorporating doctrinal research and comparative analysis explores the NJAC’s attempt to introduce more executive involvement, aiming to enhance transparency and curb nepotism, and its subsequent declaration as unconstitutional. Through comparative analysis, the research assesses which system better guarantees public trust, diversity, merit-based selection, and effective judicial accountability. The paper further proposes reforms to improve the Collegium System, such as clear qualification criteria, regular performance evaluations, and enhanced documentation of decisions to promote transparency.
