The collegium system has resulted in concentration of power in the hands of a few, leading to questions about legitimacy. Comment. (Answer in 150 words)
Main Body
Collegium system in judiciary consists of Chief Justice of India and 4 senior most judges of SC. It is responsible for appointments & transfers of judges. According to SC in NCLAT Judges case, Collegium is required to ensure independence of judiciary which is a Basic Feature of Constitution. Collegium's Successes: In 4th Fourth Judges case, SC struck down 99th Constitutional Amendment Act which tasked National Judicial Appointments Commission which also had members of Executive.
This resulted in Judicial Primacy. However, it also led to concentration in hands of a few: (1) Uncle Judges Syndrome (Law Column 1.1) Favoritism & nepotism of India) (2) Shrouded in mystery 2i) Is opaque functioning (3) Supremacy of judiciary over constitutional supremacy (4) Meetings in closed gathering leading to lack of trust (5) leads to conflict between judiciary & executive However, a balance is required as encouraged by Article 50 which asks for separation of judiciary & executive. It should be ensured that MoJ is finalized to reduce tendency of involvement of Executive is in such a manner so as to ensure Judicial independence not to premia.
Suvan Sharma
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Collegium System
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