POOJA AGARWAL

STUDENT OF ASIAN LAW COLLEGE

ABSTRACT

The collegium system is a unique feature of the Indian judiciary, introduced to ensure transparency and independence in the appointment of judges to the higher judiciary. This research paper examines the evolution, functioning, advantages, and criticisms of the collegium system in the appointment of judges to the Supreme Court and High Courts in India. Through an analysis of historical developments, judicial pronouncements, and expert opinions, the paper sheds light on the effectiveness and challenges of this mechanism in maintaining the integrity of the judiciary. The appointment of competent and impartial judges is crucial to uphold the rule of law and protect the rights of citizens. In India, the collegium system was established to replace the executive-dominated appointment process and create a more participatory approach in the selection of judges for the Supreme Court and High Courts. The collegium system is not explicitly mentioned in the Indian Constitution but evolved through several landmark judicial pronouncements. Historically, the appointment of judges in India was primarily the domain of the executive branch of the government. The collegium system has been instrumental in maintaining the independence of the judiciary in India, but it has not been without its flaws. By critically analysing its strengths and weaknesses, this research paper aims to contribute to the ongoing discourse surrounding judicial reforms and the appointment of judges to the Supreme Court and High Courts in India.

KEYWORDS: Appointment Of Judges, Supreme Court, High Court, Constitution Of India, Collegium System, NJAC