The Supreme Court, the High Court, and the Subordinate Courts are the three tiers of the Indian legal system. Article 124 of the Indian Constitution, Establishment and Constitution of the Supreme Court, states: "There shall be a Supreme Court of India consisting of a Chief Justice of India (CJI) and not more than seven additional Judges until Parliament by law specifies a greater number". The Supreme Court now includes 34 judges, including the CJI. Here we will discuss the Collegium System in the appointment of Judges and also the National Judicial Appointments Commission.

Appointment of Judges of the Supreme Court

• After consulting with as many Supreme Court and High Court justices as he/she feels acceptable, the President appoints Supreme Court and CJI judges.
• The President appoints the remaining judges after consulting with the Chief Justice and any other Supreme Court and High Court justices deemed necessary.
• Appointment of Chief Justice Between the years 1950 and 1973: The Supreme Court's senior-most judge was appointed as the Chief Justice of India.
• That established tradition was violated in 1973 when A N Ray was named Chief Justice of India by bypassing three senior justices.
• In 1977, M U Beg was re-appointed as Chief Justice of India, succeeding the country's most senior judge at the time.

Appointment of Judges and Evolution of Collegium System

• The Supreme Court has given different interpretations of the term "consultation."
• In the First Judges case (1982), it was determined that consultation does not require agreement, but rather an interchange of ideas.
• In the Second Judges case (1993), the Supreme Court overturned its previous ruling, altering the definition of the word consultation to concurrence.
• The Second Judges Case (1993) curtailed the government's role by deciding that the Chief Justice of India will be chosen only by the Supreme Court's senior-most judge.
• In the Third Judges case (1998), the Supreme Court declared that the Chief Justice of India's consultation procedure necessitates "consultation with a plurality of judges."
• The CJI's single opinion does not define the consultation process. He or she should consult a collegium of four senior Supreme Court justices, and even if two of them disagree, he or she should not pass the idea on to the government.
• As a result of the "third judges case," the Collegium system was formed, and it has been in use since 1998 in the High Courts and Supreme Courts to nominate and transfer judges.
• The original Indian Constitution, as well as later amendments, include no reference to the Collegium.

Collegium System - Working

• The collegium offers recommendations for lawyers or judges to the central government. Similarly, the Collegium receives a portion of the names suggested by the Central Government.
• It examines the names or concepts proposed by the Central Government and resubmits the dossier to the government for final approval.
• The Government, by convention, must accept the names if the Collegium presents them to the Government twice. However, because there is no time restriction for replying, the process of appointing judges is extremely time-consuming.

National Judicial Appointments Commission (NJAC)

• The 99th Constitutional Amendment Act established the National Judicial Commission Act (NJAC) in 2014 to replace the collegium system for appointing judges.
• The Supreme Court, on the other hand, backed the collegium system and ruled the NJAC unconstitutional, arguing that the political executive's involvement in judicial selections contradicted the Basic Structure Principles and the Judiciary's independence.

Criticisms on Collegium System

• Least Transparent: Due to the lack of a published operational manual, the absence of selection criteria, the arbitrary reversal of previously made decisions, and the selective distribution of meeting recordings, the collegium system is opaque.
• Members' Lack of Consensus: When it comes to appointing judges, the collegium members regularly face the issue of mutual consent.
• Unequal Representation: Another source of worry is the makeup of the higher courts. Despite the paucity of data on caste, women are disproportionately underrepresented in the upper courts.
• Delay in Judicial Appointments: Due to a delay in the collegium's recommendations for the higher judiciary, the judicial appointment process is being slowed.

Conclusion

The court, as the fundamental bastion of civil liberties, must remain completely independent and undisturbed by the Executive's direct and indirect influence. The absolute least that can be done to safeguard India's judicial system's independence is to find and nominate judges of the highest integrity to the country's highest courts.

FAQs

Question: What is the Collegium System in India?

Question: How does the Collegium System work?

Question: What was the National Judicial Appointments Commission (NJAC)?

Question: Why was the NJAC struck down by the Supreme Court?

Question: What are the advantages and disadvantages of the Collegium System?

MCQs

1. What is the role of the Collegium System in India?

A) To appoint the Prime Minister

B) To recommend judicial appointments and transfers

C) To pass laws

D) To control the executive branch

2. The National Judicial Appointments Commission (NJAC) was introduced by which constitutional amendment?

A) 100th Amendment

B) 98th Amendment

C) 99th Amendment

D) 101st Amendment

3. Which of the following bodies was responsible for recommending judges for the higher judiciary before the NJAC?

A) Parliament

B) Executive branch

C) Collegium of Supreme Court judges

D) Judicial Review Commission

4. Why was the NJAC declared unconstitutional by the Supreme Court in 2015?

A) It violated the principle of judicial independence

B) It conflicted with fundamental rights

C) It was inconsistent with the basic structure of the Constitution

D) It was not approved by the President

5. The Collegium System is led by which of the following individuals?

A) President of India

B) Prime Minister of India

C) Chief Justice of India

D) Law Minister

GS Mains Questions and Model Answers

Q1: Analyze the advantages and disadvantages of the Collegium System of judicial appointments in India.

Answer: The Collegium System has significant advantages, primarily its ability to preserve judicial independence. By placing the responsibility for judicial appointments and transfers in the hands of senior judges, the system minimizes executive control over judicial appointments, ensuring that the judiciary remains free from political pressure. This independence is vital for maintaining the integrity of the judicial process and upholding the rule of law. Additionally, the system allows for the selection of judges based on merit and experience, ensuring that the judiciary is composed of individuals who are qualified to uphold constitutional values.

Q2: Discuss the implications of the Supreme Court’s decision to strike down the National Judicial Appointments Commission (NJAC) and its impact on judicial independence.

Answer: The Supreme Court’s decision to strike down the National Judicial Appointments Commission (NJAC) in 2015 had significant implications for the independence of the judiciary in India. The Court's decision reaffirmed the Collegium System as the preferred method for judicial appointments, citing the necessity of protecting judicial independence from executive interference. By declaring the NJAC unconstitutional, the Court emphasized that judicial independence is a fundamental feature of the Indian Constitution and a cornerstone of democratic governance.
The ruling also highlighted the tension between the judiciary and the executive over the control of judicial appointments. The NJAC, which proposed greater involvement of the executive and legislature in the appointment process, was seen by many as a potential threat to judicial autonomy, as it could give the executive branch significant influence over the judiciary. The Supreme Court’s verdict ensured that the judiciary would continue to have a central role in determining the composition of the higher courts, maintaining a system of checks and balances that prevents any one branch of government from exercising too much power. However, the judgment also led to calls for reforms in the Collegium System, with many arguing that it needs to be made more transparent and accountable while still preserving judicial independence.

Q3: Evaluate the proposed National Judicial Appointments Commission (NJAC) in terms of its impact on the judicial system and its constitutional validity.

Answer: The National Judicial Appointments Commission (NJAC) was proposed as a means to reform the judicial appointments process in India, with the goal of making it more transparent and accountable. The NJAC aimed to include representatives from the judiciary, the executive, and the legislature in the selection of judges, with the hope of making the system more balanced and inclusive. The involvement of the executive and legislature was intended to ensure that the judiciary was accountable to the people and that judicial appointments were not solely in the hands of the judiciary.
The judgment underscored the importance of judicial independence, but it also highlighted the need for reforms in the Collegium System to address issues of transparency and accountability. While the NJAC was seen as a step towards reform, the Supreme Court’s decision reinforced the idea that the independence of the judiciary must be protected from external influences, particularly from the political branches of government.

Previous Year Questions on Collegium System and NJAC

1. UPSC CSE 2020

Question: "What are the arguments for and against the Collegium System of judicial appointments in India?"

Answer: The Collegium System of judicial appointments in India has both strong supporters and critics. Proponents argue that the system ensures the independence of the judiciary by limiting executive control over judicial appointments. This is seen as crucial for maintaining the integrity of the judicial process and preventing political interference. By allowing senior judges to make decisions about judicial appointments, the system aims to preserve the impartiality of the judiciary and protect it from external pressures.

However, critics of the Collegium System argue that it is opaque and lacks transparency. The process of selecting judges is not open to public scrutiny, which has led to concerns about favoritism, nepotism, and the concentration of power in the hands of a few senior judges. Additionally, the system has been criticized for not ensuring adequate diversity within the judiciary, as it tends to favor senior judges from similar backgrounds. The absence of any formal criteria for selection has also been a point of contention. There have been calls for reforms to make the system more transparent and accountable while still safeguarding judicial independence.

2. UPSC CSE 2019

Question: "Examine the significance of the National Judicial Appointments Commission (NJAC) and its implications for judicial independence in India."

Answer: The National Judicial Appointments Commission (NJAC) was introduced as a reform to the Collegium System in India, aiming to bring more transparency and accountability to the judicial appointments process. The NJAC sought to include representatives from the judiciary, the executive, and the legislature in the selection of judges, with the hope of making the system more balanced and inclusive. The involvement of the executive and legislature was intended to ensure that the judiciary was accountable to the people and that judicial appointments were not solely in the hands of the judiciary.