The Collegium system is a method of appointment and transfer of judges in the higher judiciary in India. It was created by the Supreme Court and consists of a forum of the Chief Justice of India and the four senior-most judges of the court. The system was created in response to the differences between the executive and the judiciary, and has evolved through the Supreme Courts own three judgments, known collectively as the Three Judges Cases.
Before the Collegium system, the appointment of judges was done by the President in consultation with the Chief Justice and two other senior-most judges of the Supreme Court. Since 1993, the Collegium system has been used to decide on appointments and transfers of judges in the higher judiciary, though the nominal appointing authority is still the President of India.
The key features of the Collegium system include:
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Supreme Court Collegium: The Supreme Court Collegium consists of the Chief Justice of India and the four senior-most judges of the court. They consider the elevation of Chief Justices/Judges of High Court to Supreme Court, elevation of Judges of High Courts as Chief Justices, and elevation of Judges. In case of a difference of opinion, the majority view will prevail.
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High Court Collegium: The High Court Collegium is led by the incumbent Chief Justice and two senior-most judges of that court in the states.
The Collegium system is not perfect and has been criticized for being opaque and not accountable. The government has sought to change the Collegium system by formulating the National Judicial Appointments Commission (NJAC), which proposed a committee comprising the Chief Justice of India, two other senior judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons to be appointed jointly by the Chief Justice of India, Prime Minister of India, and Leader of Opposition in the Lok Sabha. However, the Supreme Court struck down the NJAC in 2015, stating that it violated the principle of judicial independence.
