Madhav AgarwalAIR 16 · CSE 2024 · 249 wordsTheir whole copy
Opening
Collegium system is used for appointment and transfer of judges in India. It has ushered judicial independence while also creating challenges like opacity over the course of its operations.
Evolution:
Via the Three Judges cases during the 1970s and 1980s.
Body · points and prose
(1) 1st Judges case: said the President is not bound by the concurrence of Judiciary in suggestion.
(2) 2nd Judges case: Established the collegium consisting of CJI and two senior judges, made the opinion of collegium
bound to President under Article 124.
(3) 3rd Judges case: Expanded the collegium to current form: CJI + 4 senior judges; President can refer back opinion for reconsideration.
Positive functioning of Collegium:
Judicial independence: by ensuring role of executive is minimised.
Predictability: as senior most member becomes the CJI unlike adhoc mechanism during 1970s.
Thorough discussion: among the judges to ensure merit.
Separation of power along with a Check & Balance powered via reconsideration being allowed.
Issues in functioning: (1) Opacity as discussions not subject to RTI Act 2005. (2) Underrepresentation of minorities like SC/ST/Women in judiciary. (3) "Judges appoint Judges" lead to favoritism and biased appointment allegations. (4) Unable to fill huge vacancies in high courts. (5) Become a front of dispute among the 3 organs - (E.g.) NJAC turned down by Supreme Court.
Close · a way forward
The need of hour is broad based Judicial Council through debate & dialogue among the organs. Collegium reforms is only a means to a larger end of "speedy Justice" and a "non-partisanship" in judiciary.