Reforming The Collegium System: Enhancing Transparency, Accountability, And Judicial Independence In India's Higher Judiciary
- IJLLR Journal
- Dec 11, 2024
- 2 min read
Rayna Joshi, OP Jindal Global University
ABSTRACT
This article contends that the Collegium System requires immediate reform due to its lack of transparency and accountability. Initially, the Indian Constitution granted the government a degree of influence over these appointments. However, the courts believed that to safeguard judicial independence, the power of appointments should be entrusted to a Collegium that shallbe comprised of Judges. This system has various beneficiary aspects but is not without its flaws,it has faced severe criticism for its opacity, unfairness, and insufficient empowerment of under-represented groups. The pressing need to replace the existing system led to the establishment of the National Judicial Appointments Commission (NJAC). However, the NJAC was ultimately struck down as unconstitutional due to concerns of it undermining judicial independence. This paper begins to examine the evolution of the Collegium and its impact on public trust, it identifies critical areas where insufficient transparency has hampered public faithin the judicial system. The National Judicial Commission (NJC) should be restructured to incorporate perspectives from both the judiciary and the executive, while firmly protecting judicial independence. Proposed reforms include clarifying selection criteria, promoting greater diversity, and increasing transparency in the appointment process. Rather than dismantling the Collegium, these recommendations seek to strengthen it, fostering judicial independence and bolstering public trust. Such reforms would help ensure that the judiciary remains a fair and resilient pillar of Indian democracy.
Research Question: The Collegium system for the appointment of judges to the higher judiciary is flawed. The collegium proceedings are absolutely opaque and inaccessible to the public. The collegium system exists only in India and lacks accountability. There is an urgentneed for reform in judicial appointments to preserve judicial independence.
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