Hindu Editorial Analysis : 2-January-2024

The Collegium System, responsible for the appointment and transfer of judges in India’s higher judiciary, has recently come under scrutiny. Established through landmark judgments, this system operates without a specific legal or constitutional provision.

Evolution of Collegium System
  1. Origins and Constitutionality
    • Emerged through the Second and Third Judges Case judgments.
    • Article 124(2) initially empowered the President, but subsequent cases altered the appointment process.
  2. First Judges Case (1981)
    • President’s autonomy affirmed; consultation not equal to concurrence.
  3. Second Judges Case (1993)
    • Collegium System introduced, giving primacy to the Chief Justice of India (CJI).
    • Consultation clarified as not diminishing the CJI’s primary role.
  4. Third Judges Case (1998)
    • 1993 decision reaffirmed with minor modifications.
    • Collegium composition expanded to five judges.
  5. Fourth Judges Case (2015)
    • NJAC Act challenged and struck down as unconstitutional.
    • Independence of judiciary upheld.
Arguments Favouring the Collegium System
  1. Secrecy in Judicial Appointments
    • Maintains confidentiality for effective functioning.
    • No public knowledge of collegium decisions.
  2. Independence of Judiciary
    • Aligns with the constitutional mandate to separate judiciary from the executive (Article 50).
    • Ensures judges can perform duties without interference.
Arguments Against the Collegium System
  1. Charges of Nepotism and Favouritism
    • Lack of guidelines in candidate selection.
    • Potential for wrong choices and overlooking deserving candidates.
  2. Misuse of Power
    • Grants excessive power to the judiciary.
    • Risk of misuse without adequate checks.
  3. Lack of Transparency
    • Non-transparent processes harm the judicial system.
    • Adversely affects law and order regulation.
  4. Inequitable Representation
    • Data reveals skewed appointments, particularly in High Courts.
    • Lack of reservation for marginalized communities hampers social diversity.
  5. Issue of Social Diversity
    • Collegium system fails to address diversity concerns.
    • No provision for reservation in judicial appointments.
  6. Judicial Vacancies
    • Significant number of vacant judges’ posts across High Courts.
    • Impacts the judiciary’s efficiency and workload distribution.
  7. Lack of Representation of Women
    • Low representation of women judges in High Courts and the Supreme Court.
    • Raises concerns about gender diversity.
Why In News

Recently, issues in the Collegium System, responsible for appointing Judges in the higher judiciary of India, were brought to light, raising concerns about transparency and accountability. The need for comprehensive reforms to address these challenges has become increasingly apparent.

MCQs about The Collegium System in the Indian Judiciary

  1. What is the primary responsibility of the Collegium System in the Indian Judiciary?
    A. Overseeing legislative processes
    B. Regulating executive appointments
    C. Appointing and transferring judges in higher judiciary
    D. Administering lower court operations
    Correct Answer: C. Appointing and transferring judges in higher judiciary
    Explanation: The Collegium System is specifically designed for the appointment and transfer of judges in India’s higher judiciary, ensuring a democratic process.
  2. According to the Fourth Judges Case (2015), what was the fate of the National Judicial Appointments Commission (NJAC)?
    A. Ruled as constitutional and valid
    B. Overturned as unconstitutional and void
    C. Integrated into the Collegium System
    D. Temporarily suspended for review
    Correct Answer: B. Overturned as unconstitutional and void
    Explanation: The Constitutional Bench struck down the NJAC, declaring it unconstitutional and void, emphasizing the importance of the Collegium System.
  3. What is the primary argument favoring the Collegium System’s secrecy in judicial appointments?
    A. Enhances public participation
    B. Ensures effective functioning of the institution
    C. Enables interference in decision-making
    D. Provides guidelines for candidate selection
    Correct Answer: B. Ensures effective functioning of the institution
    Explanation: The secrecy is maintained to facilitate the effective functioning of the judiciary, and it is not intended to involve public knowledge in the decision-making process.
  4. What major concern is raised against the Collegium System in terms of diversity?
    A. Excessive interference in judicial affairs
    B. Lack of transparency in appointments
    C. Misuse of power by the judiciary
    D. Inequitable representation of marginalized communities
    Correct Answer: D. Inequitable representation of marginalized communities
    Explanation: The lack of representation and absence of reservation for marginalized communities, posing a challenge to social diversity in judicial appointments.

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