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
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.
Violates the principle of checks and balances - as in Bhim Singh case
Goes against the constitutional morality of limited powers..
No other country has judges appointing judges.
However this is not entirely true.
Brought to ensure independence of judiciary → has ensured so far
Upheld the power of appointment of judges without executive biases. → separation of power Art 50
Was brought to curb executive whims in appointing their favourites. → has upheld that principle (Ex: during emergency saw favouritism.)
Way Ahead
Uphold the distribution of power with transparency - publish the criteria for appointment.
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