INDIA’S COLLEGIUM SYSTEM: EXPLORING ITS HISTORY, FUNCTIONING, BENEFITS, AND DRAWBACKS

AUTHOR NAME – KANISHK MOR, STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY, SILVASSA CAMPUS, DEPARTMENT OF LAW (LLM)

BEST CITATION – KANISHK MOR, INDIA’S COLLEGIUM SYSTEM: EXPLORING ITS HISTORY, FUNCTIONING, BENEFITS, AND DRAWBACKS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1512-1521, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Indian Collegium System, a distinctive framework for judicial appointments, has been lauded and criticized since its inception. This paper aims to provide an in-depth exploration of the Collegium System, tracing its historical development, examining its operational mechanics, and evaluating its benefits and drawbacks. The system emerged from a series of landmark Supreme Court judgments, namely the First, Second, and Third Judges Cases, which collectively shifted the power of judicial appointments from the executive to the judiciary. This transformation was intended to enhance judicial independence by minimizing political interference. However, the Collegium System’s functioning has been marked by several contentious issues. While it has successfully ensured a judiciary free from executive overreach, it has also been criticized for its lack of transparency and accountability. The decision-making process within the Collegium is often perceived as opaque, with little public insight into the criteria and deliberations involved in the selection of judges. This has led to allegations of nepotism, favoritism, and inefficiency, raising questions about the system’s overall effectiveness. Moreover, the Collegium’s structure and processes have faced scrutiny regarding their ability to address the growing demands of India’s judicial landscape. The paper discusses these criticisms in detail, highlighting the various dimensions of the debate surrounding the Collegium System. Despite its shortcomings, the system’s role in maintaining judicial independence remains a significant achievement. The exploration also includes proposed reforms and alternative models to enhance transparency and accountability while preserving the core principle of judicial independence. This comprehensive study of the Indian Collegium System seeks to contribute to the ongoing discourse on judicial reforms in India. By examining its history, functioning, and myriad perspectives on its efficacy, the paper aims to provide valuable insights for policymakers, legal practitioners, and scholars interested in the quest for a more transparent, accountable, and effective judicial appointment process.Keywords: Indian Collegium System, judicial appointments, judicial independence, Supreme Court of India, transparency, accountability,