GS2 · 10 marks · 150 words

"The collegium system has become a victim of its own success, with the concentration of power in the hands of a few, leading to questions about its legitimacy." Comment.

Answered by 3 toppers · CSE 2023–2025

Syllabus: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.

How toppers approached it

From all 3 answers · about 190 words.

Opening

  • No separate opening2 of 3
  • A constitutional or legal provision1 of 3

Body

  • Points3 of 3

Close

  • A way forward2 of 3
  • A summary1 of 3

The toppers’ answers

Aditya SrivastavaAIR 1 · CSE 2023 · 190 wordsTheir whole copy

Opening

The collegium system evolved through the Three judges case and the recent tuggle between CJI and Law Minister brought it to fore.

It has become victim of its own success.

Body · points

  1. Got independence of judiciary but raised questions about ⊙ legitimacy - extra constitutional ⊙ transparency - as seen with Justice Tahilramani transfer. ⊙ Favouritism - due to the Uncle Judge syndrome.

  2. Violates the principle of checks and balances - as in Bhim Singh case

  3. Goes against the constitutional morality of limited powers..

  4. No other country has judges appointing judges.

However this is not entirely true.

  1. Brought to ensure independence of judiciary → has ensured so far

  2. Upheld the power of appointment of judges without executive biases. → separation of power Art 50

  3. Was brought to curb executive whims in appointing their favourites. → has upheld that principle (Ex: during emergency saw favouritism.)

Way Ahead

  1. Uphold the distribution of power with transparency - publish the criteria for appointment.

  2. Executive needs to collaborate with judiciary - work together for spirit of Constitution.

Close · a way forward

This would uphold the spirit of independence with accountability of judiciary

More on Judiciary

Courts, judicial review, judicial activism, appointments and independence.

All GS2 questions on Judiciary