Referring to the case laws through which the collegium system in India evolved, critically assess its functioning.
Main Body
Collegium system is used for appointment and transfer of judges in India. It has undermined judicial independence while also existing under judges like Clarity over the Cause of its operations. Evolution: Via the Three Judges cases during 19??a and 1930s. (1) 1st Judges case: Aided the President is not bound by the concurrence of Judiciary in suggestion. (2) 2nd Judges case: Established the collegium. Courtesy of CJI and two senior judges. Made the opinion of collegium President can defer back disqualification.
Issues in Mentioning: (1) Opacity: as discussion not judged to RTI Act-2005. (2) Understanding of minorities like SC/ST women in judiciary. (3) Judges appoint Judges lead to favoritism and biased appointment and basioned opprobation. (4) Unable to fill type vacancies in high courts. (5) Resolve a front of dispute among 3 organs - (3) NJAC turned down by Supreme Court. The head of hour is broad based Judicial Council through disallue among the organs. Collegium reform is only a means to a larger kind of speedy Justice and non-partisanship in judiciary.
MADHAV AGARWAL
Executive, Judiciary, Ministries and Pressure Groups
Collegium System
Collegium System
247
Total words
1
Paragraphs