The Collegium System is a unique method of appointing judges in India’s higher judiciary. It is used to appoint and transfer judges of the Supreme Court and High Courts. The system is not mentioned in the Indian Constitution but evolved through Supreme Court judgments.
1. What is the Collegium System?
🔹 The Collegium System is used to appoint and transfer:
✅ Supreme Court Judges
✅ High Court Judges
✅ Chief Justices of High Courts
🔹 The Collegium System is NOT in the Constitution but evolved through Supreme Court judgments.
🔹 The Executive (Government) has no role in selecting judges.
📌 Example:
- The Chief Justice of India (CJI) and four senior-most SC judges recommend the names of judges.
- The President appoints judges based on these recommendations.
2. Evolution of the Collegium System (Three Judges Cases)
The Collegium System developed through three landmark cases:
| Case | Year | Key Judgment |
|---|---|---|
| First Judges Case | 1981 | Gave Executive (Government) primacy in appointing judges. |
| Second Judges Case | 1993 | Established the Collegium System and gave judges primacy in appointments. |
| Third Judges Case | 1998 | Expanded the Collegium to five judges for SC appointments. |
📌 Example:
- Before 1993, the Government had more power in appointing judges.
- After the Second Judges Case (1993), the Judiciary gained control through the Collegium System.
3. Composition of the Collegium System
🔹 For Supreme Court Judges:
✅ Chief Justice of India (CJI) + 4 senior-most Supreme Court judges.
🔹 For High Court Judges:
✅ CJI + 2 senior-most SC judges + Chief Justice of the concerned High Court.
📌 Example:
- If a judge is to be appointed to the Delhi High Court, the Collegium will include the CJI, two senior SC judges, and the Delhi HC Chief Justice.
4. Appointment Process Under the Collegium System
🔹 Step 1: Recommendation by the Collegium
- The Collegium recommends names for judges’ appointment.
- The names are sent to the Government (Law Ministry).
🔹 Step 2: Government Review
- The Government can return the recommendations once for reconsideration.
- If the Collegium sends the same names again, the Government must appoint the judges.
🔹 Step 3: Presidential Appointment
- After approval, the President appoints the judges.
📌 Example:
- In 2023, the Supreme Court Collegium recommended five new SC judges.
- The Government returned two names, but when the Collegium re-sent them, they were appointed.
5. Transfer of High Court Judges Under Collegium System
🔹 High Court judges can be transferred between states.
🔹 The Collegium (CJI + 4 SC judges) decides transfers.
🔹 The President issues the final order after the Government’s approval.
📌 Example:
- Justice Sanjiv Khanna was transferred from Delhi HC to the Supreme Court in 2019.
6. Criticism of the Collegium System
🔹 Lack of Transparency – No official criteria for selection.
🔹 No accountability – Decisions are not explained publicly.
🔹 No role of Government or public representatives.
🔹 Nepotism and Favoritism – Judges appoint judges, which can lead to bias.
📌 Example:
- In 2014, the Government tried to replace the Collegium System with the NJAC (National Judicial Appointments Commission), but it was struck down by the Supreme Court.
7. National Judicial Appointments Commission (NJAC) – A Failed Attempt
🔹 NJAC was introduced by the 99th Constitutional Amendment Act (2014).
🔹 It sought to replace the Collegium System by including:
✅ CJI + 2 senior SC judges
✅ Union Law Minister
✅ 2 Eminent Persons (Nominated by PM, CJI, Leader of Opposition)
📌 Why was NJAC struck down?
- In 2015, the Supreme Court declared NJAC unconstitutional in the Fourth Judges Case.
- The court ruled that NJAC violated judicial independence (Article 50).
📌 Example:
- Government wanted more say in appointing judges, but the Supreme Court rejected it.
8. Key Articles Related to the Collegium System
| Article | Provision |
|---|---|
| Article 124 | Appointment of Supreme Court Judges |
| Article 217 | Appointment of High Court Judges |
| Article 222 | Transfer of High Court Judges |
| 99th Amendment (2014) | Introduced NJAC (Later struck down) |
📌 Example:
- Justice K. M. Joseph’s appointment to SC was delayed due to Government opposition.
9. MCQs on the Collegium System
1. Which case established the Collegium System in India?
a) First Judges Case (1981)
b) Second Judges Case (1993)
c) Third Judges Case (1998)
d) Fourth Judges Case (2015)
✅ Answer: b) Second Judges Case (1993)
2. How many judges are in the Supreme Court Collegium?
a) 3
b) 5
c) 7
d) 9
✅ Answer: b) 5
3. Who appoints Supreme Court judges?
a) President of India
b) Prime Minister
c) Chief Justice of India
d) Parliament
✅ Answer: a) President of India
4. Which constitutional amendment introduced NJAC?
a) 73rd Amendment
b) 97th Amendment
c) 99th Amendment
d) 101st Amendment
✅ Answer: c) 99th Amendment
5. Why was NJAC declared unconstitutional?
a) It violated judicial independence
b) It was not passed by Parliament
c) It was against fundamental rights
d) It gave power to the Supreme Court
✅ Answer: a) It violated judicial independence
10. Conclusion
The Collegium System ensures judicial independence but faces criticism for lack of transparency and accountability. The Government’s attempt to replace it with NJAC failed due to the Supreme Court’s ruling on judicial independence.
For competitive exams, understanding the Collegium System, key cases, and related articles is essential. Stay updated with judicial appointments and reforms to strengthen your preparation! ✅📚
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[…] independence and integrity of the judiciary. The system follows constitutional provisions and the Collegium System, which plays a significant role in judicial […]