MA

MADHAV AGARWALAIR 16· 2024

Question Q11GS2GS2

Referring to the case laws through which the collegium system in India evolved, critically assess its functioning.

Open scan (p.23)

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.

33rd Judges case: Expanded the collegium to current form : CJI + 4 senior judges. President can refer back decision for Secondarity. Positive Functioning of Collegium: (1) Judicial Independence: by exuding role of absolute is minimised. (2) Predictability: as senior most senior becomes the CJI insue collac mechanism duty 19??A. (3) Through Discussion: amongst the judges to divine might. (4) Separation of powers: along with a Check & Balance powered via secondarily being alloved.

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.

247 words1 paragraphs

Topper

MADHAV AGARWAL

AIR 162024

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Collegium System

Collegium System

Writing Stats

247

Total words

1

Paragraphs