what is collegium system

11 months ago 25
Nature

The collegium system is a mechanism used in India for the appointment and transfer of judges in the higher judiciary. It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. The collegium system has its genesis in a series of three judgments made by the Supreme Court of India, known collectively as the Three Judges Cases. Over the course of these cases, the court evolved the principle of judicial independence to mean that no other branch of the state, including the legislature and the executive, would have any say in the appointment of judges. The court then created the collegium system, which has been in use since the judgment in the Second Judges Case was issued in 1993.

The collegium system has been criticized for being slow-moving, leading to delays in filling vacancies, and for not being transparent and accountable enough. The government has spoken out against the collegium system, calling it "opaque and not accountable". Some scholars believe that the collegium should be replaced by a judicial commission with representatives of the judiciary, the bar, and civil society.

In summary, the collegium system is a mechanism used in India for the appointment and transfer of judges in the higher judiciary. It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. The collegium system has been criticized for being slow-moving, leading to delays in filling vacancies, and for not being transparent and accountable enough.