The Collegium System plays a significant role in the appointment of judges to the Supreme Court of India. The system is responsible for recommending candidates for appointment as judges of the Supreme Court to the President of India.
The Collegium System consists of the Chief Justice of India and four other senior-most judges of the Supreme Court. The system was established in 1993 following a Supreme Court judgment that held that the judiciary should have primacy in the appointment and transfer of judges.
Under the Collegium System, the process of appointment of judges to the Supreme Court involves a consultative process where the members of the Collegium consider the suitability and merit of the candidates for appointment. The system takes into account various factors such as the seniority of the candidate, their professional experience, and their contribution to the field of law.
Once the Collegium finalizes the recommendations for appointment, the President of India issues a warrant of appointment to the candidate. It is important to note that the President is bound to appoint judges based on the recommendations of the Collegium System.
The Collegium System has been subject to much debate and criticism, with some arguing that it lacks transparency and accountability, while others believe that it ensures the independence of the judiciary from political interference. Despite the criticism, the Collegium System remains an integral part of the process of appointment of judges to the Supreme Court of India.
Judiciary vs Executive
The Collegium System in India is a mechanism for judicial appointments that gives the judiciary primacy over the executive in making appointments and transfers of judges. This means that the Collegium System is designed to ensure the independence of the judiciary from political interference and influence.
Before the Collegium System was established, the executive had a significant role in the appointment and transfer of judges. However, in 1993, the Supreme Court of India declared that the judiciary should have primacy in the appointment and transfer of judges. Following this judgment, the Collegium System was established, which is responsible for making recommendations for appointments and transfers of judges to the President of India.
The role of the executive in the Collegium System is limited to issuing the warrant of appointment based on the recommendation of the Collegium. The executive has no say in the selection of candidates or the decision-making process of the Collegium. This is meant to ensure the independence of the judiciary from political influence and protect the impartiality of judges.
However, the relationship between the judiciary and the executive in the Collegium System has been subject to controversy and debate. Critics argue that the system lacks transparency and accountability, and that it gives too much power to the judiciary. On the other hand, supporters of the system argue that it is essential to maintain the independence of the judiciary and protect the rule of law in India.