Call for Changing Collegium System

Syllabus :GS 2/Judiciary 

In News

• Vice President Jagdeep Dhankhar chaired a meeting with Rajya Sabha floor leaders to discuss the recovery of semi-burnt Indian currency notes from the residence of Delhi High Court Judge Justice Yashwant Verma.

About

• The meeting also focused on judicial appointments and the need for an alternative to the current Collegium system.
• The Vice President reiterated the importance of the National Judicial Appointments Commission (NJAC), which was struck down by the Supreme Court in 2015.

Collegium System

• The Collegium is the system through which judges of India’s higher judiciary (Supreme Court and High Courts) are appointed and transferred.
• It is not based on the Constitution or any specific law but has evolved through Supreme Court judgments, known as the “Judges Cases.”

Composition 

• The Supreme Court Collegium is a five-member body, led by the Chief Justice of India (CJI) and four other seniormost judges.
• High Court Collegiums are led by the Chief Justice of the respective High Court and two other seniormost judges.

How does the Collegium system work?

• The Supreme Court Collegium recommends names for appointments to the Supreme Court, and the High Court Collegiums do so for their respective courts.
• The High Court Collegium’s recommendations must be approved by the Supreme Court Collegium.
• The government conducts an Intelligence Bureau (IB) inquiry on the recommended candidates. If the Collegium reiterates its recommendations, the government is bound to approve them.

Criticisms 

• The system has been criticized for being non-transparent, lacking an official mechanism or secretariat.
• There are no prescribed eligibility criteria or a clear selection procedure.
• Decisions are made behind closed doors, and there are no public records or minutes of Collegium meetings.
• Lawyers are often unaware of whether their names are being considered for judicial appointments.

Suggestions 

• The Collegium System was aimed at preserving judicial independence, and has faced significant criticisms over the years.
  • Transparency, inclusivity, and clearer criteria for selection could help address these concerns, ensuring a more accountable and efficient judicial appointment process. 
  • Reforms in this direction would contribute to strengthening the integrity and functioning of India’s judiciary.

Source :TH