Question Q3 (continued)GS2GS2
Collegium system has laid down in 2nd judges case & expanded in 4th judges case. It involves panel of Chief Justice of India (CJI) & 4 senior most judges which decide upon appointment & transfers in SC & HC.
Main Body
Collegium as best mechanism to safeguard judiciary independence:
(A) Arguments in favour:
1It retains the ultimate control with judiciary - panels advice being binding on President under Art 124.
2Impartiality in appointments & transfer is unique nor for independence.
3Executive's role was questioned during emergency when Justice Khanna was sidelined from being promoted as CJI-due to dissenting against govt.
Thus, to avoid such in future, independence of judiciary needs to be safeguarded.
(B) Arguments against:
Questions on functioning of collegium: opaque system, former SC judge cum PL criticized it as favouring nepotism
Lack of accountability & transparency
Require placing with executive
(C) Delays in appointments
(D) Other alternative ways:
NJAC introduced by 19th Amendment was one such as suggested by Law Commission, Judicial appointment commission - with primacy of CJI role, can be envisaged.
140 words6 paragraphs3 bullet points
Topper
Ishita Sharma
AIR 2682025
Subject & Paper
GS2GS2
Topic
Executive, Judiciary, Ministries and Pressure Groups
Collegium System
Collegium mechanism, arguments for and against, alternatives
Writing Stats
140
Total words
6
Paragraphs
3
Bullets
analytical
Tone