ROHAN RAJEEV GHOSH

STUDENT AT THAKUR RAMNARAYAN COLLEGE OF LAW, (UNIVERSITY OF MUMBAI)

“We are under a constitution, but the Constitution is what the Judges say is”. – Governor Charles Evans Hughes

ABSTRACT: –

This study aims to find out how the method of appointing judges developed and how the executive and judicial powers clashed. This paper will review the three-judge case and the collegium system and suggest some reforms to make it more democratic and transparent. This research presents several significant and statistically significant changes in the judicial composition of the Supreme Court. We also report the extent to which SCI diversity increased during the collegiate period. There is no significant difference in the percentage of judges who are members of pre-college and colonial castes, but in percentage terms, this difference is significantly reduced (4% pre-collegium vs. 1% collegium, 3 judges). The findings suggest that while the Collegium focuses on certain forms of diversity, it does not focus on others. The study suggests that further reforms are needed to make the appointment process more transparent and democratic. It concludes that India needs a fair, democratic, and transparent parliamentary system to ensure the independence of the judiciary and build a diverse and representative bench.