AFREEN AFSHAR ALAM

LL.M CANDIDATE AT JAMIA HAMDARD UNIVERSITY, NEW DELHI

Abstract

Since its beginnings, India’s Collegium System has been a source of contention and dispute. Since the 1980s, the notion of the Collegium System has evolved via significant Supreme Court decisions. The Collegium is led by the Chief Justice of India and consists of four senior-most Supreme Court judges when selecting a judge in the Supreme Court and two senior-most Supreme Court judges when appointing judges in the High Courts. There have been several legislative proposals, all of which have failed to eliminate the Collegium System. The Supreme Court rejected the most recent endeavour of the Government, the Constitutional Amendment 99 that established the National Judicial Appointments Commission was declared unconstitutional and void by the Apex Court.

The proponents of the system assert that it protects the judiciary’s independence and prohibits political involvement in the nomination and transfer of judges. The chapter examines the history and growth of the Collegium System, as well as the criteria for selecting and appointing judges. It also provides an outline of the Collegium System, how it came into existence and the current scenario. Furthermore, all noteworthy cases are analysed in connection to the nomination of Supreme Court and High Courts judges and the recent developments are discussed.

This research is primarily based on the theoretical method. Primary sources such as legislative texts, committee reports, and case laws form the basis of the study. According to the research findings, while the Collegium System has protected the independence of the judiciary, it has also come under fire for a lack of transparency and accountability.

Keywords: Collegium, NJAC, Supreme Court, High Courts, Appointment of Judges.