MS. ALISHA THOMAS & SOUMYA  PANDEY

* ASSISTANT PROFESSOR OF LAW, NMIMS, SCHOOL OF LAW, BENGALURU, NMIMS BANNERGHATTA MAIN CAMPUS, BENGALURU

** STUDENT AT NMIMS, SCHOOL OF LAW, BENGALURU

ABSTRACT

The Collegium, which was established to prevent any interference with the independence of the judiciary, appoints the judges of the Supreme Court and High Courts. But time has shown that the Collegium system is not the most effective method for choosing judges. The National Judicial Appointments Committee was established by the government to regulate appointments, but it was ruled invalid and illegal by the Constitutional Bench. The Court switched back to the Collegium structure, but the issues with accountability and openness remained. This essay makes an effort to evaluate the issues with judge appointments and offer a fix. The essay is set up in the following order, It illustrates the importance of institutional responsibility in a democracy in the following order. The development of the Collegium system and its issues are then examined in the paper. The next section of the essay discusses the creation of the National Judicial Appointments Commission and the Supreme Court’s decision to invalidate it. The establishment of the National Judicial Commission, which may replace the Collegium, is the answer that is finally put out.

Keywords: collegium, appointment, judges.