Collegium System

Context:

The Vice-President and Rajya Sabha Chairman, Jagdeep Dhankhar, chaired a meeting of Rajya Sabha floor leaders in the context of the recovery of half-burnt Indian currency notes at the official residence of the High Court judge Justice Yashwant Varma on March 14, building ground for another intervention by Parliament in judicial appointments.

What is the Collegium System?

The Collegium System is how judges are chosen and transferred in India’s higher courts (the Supreme Court and High Courts).
Interestingly, this system wasn’t created by the Constitution or by Parliament — it slowly took shape through decisions made by the Supreme Court itself.

How Did the Collegium System Come About?

First Judges Case (1981)

• The Supreme Court said the government could reject the Chief Justice of India’s recommendation if it had a strong reason.
• For the next 12 years, the government had the upper hand in deciding who became judges.

Second Judges Case (1993)

• The Supreme Court changed its mind.
• It said “consultation” with the Chief Justice of India actually meant the court’s top judges deciding together — not just one person’s opinion.
• This is where the idea of a group (the collegium) really started.

Third Judges Case (1998)

• The Supreme Court made the collegium bigger — now five people: the Chief Justice of India and the four next senior-most judges.

Who’s in the Collegium?

• For the Supreme Court, it’s the Chief Justice of India plus the four senior-most judges.
• For a High Court, it’s that court’s Chief Justice and two senior-most judges.

How are Judges Appointed in India?

For the Chief Justice of India

• The current Chief Justice recommends who should succeed them (usually based on seniority).
• The President of India then officially appoints that person.

For other Supreme Court judges

• The Chief Justice discusses names with the other four senior judges.
• After they all agree, the name goes to the Law Minister, then to the Prime Minister, and finally to the President for approval.

For High Court Chief Justices

• There’s a practice of appointing High Court Chief Justices from outside their home state.
• The recommendation starts from that High Court’s outgoing Chief Justice and senior judges, goes to the Chief Minister, then the Governor, and finally to the Union Law Minister.

Problems with the Collegium System

Too Secretive

• The process happens behind closed doors.
• There are no public records, and nobody knows why certain names are picked or rejected.

Risk of Nepotism and Favoritism

• With no set rules, judges might choose people they personally like or are close to, rather than the most deserving candidates.

No Checks and Balances

• In India, power is supposed to be balanced between Parliament, the government, and the judiciary.
• The collegium gives a lot of unchecked power to judges, which can lead to problems.

Lack of Diversity

• Women and people from diverse backgrounds are still underrepresented in the higher judiciary.

What was done to fix it?

• The government tried to change the system by introducing the National Judicial Appointments Commission (NJAC) in 2014.
• This law aimed to make the selection process more transparent and balanced by involving other stakeholders, not just judges.
• But the Supreme Court struck down the NJAC in 2015, saying it would hurt the independence of the judiciary.

The collegium system is how judges are chosen in India, but it’s criticized for being secretive and lacking accountability. While efforts to reform it have been made, such as the NJAC, they haven’t succeeded — leaving this system at the center of ongoing debates about fairness, transparency, and balance of power.

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