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

Judicial Appointments to Supreme Court and High Court is done through Collegium System. The Highest is placed before ministry of Law and Justice For Scrutiny before appointment by President. Collegium and Case Laws: I St Judge Case - S.C Gupta Case - SC observed that President Consultation not Concurrence - CJI Recommendation not Binding on President. IInd Judge case - SC observed Consultation means Concurrence - President to consult CJI + Senior most Judge - Engin of Collegium System. IIId Judge case - SC - Consultation Appealed with CJI + 4 Senior most Judge. IV th Judge Case - Squashed NJAC - National Judicial Appointment Commission 44th Amendment act

Functions of Collegium: (1) Judicial Appointments and (2) Transfer of High Court and SC Judges. Assessment For Collegium System: (1) Enforces Separation of Power between Executive and Judiciary (Article 50). (2) Ensures Non-Partisanship Behaviour Judiciary Without any Bias against Executives. (3) Ensure Independency of Judiciary. (4) Reduces Instances of Politically Motivated Trawler. Assessment against Collegium System: I Nature of Collegium - Working. I It's a Extra-Constitutional Body - Lacks Credibility. II It's Working is Opaque and Not Effective. III Since Judicial Appointment is Continuous Process, Non-Permanent Nature of meetings of Collegium created Vacancies - Leadily to Huge Pendency in Case in SC-Titled 6800 Cases Pending.

II Not Equitable in Representation: A 180th Law Commission Report - Based Uncle Judge Syndrome in Appointment clue to Nepotism and Favoritism. B Underrepresentation of Various Section - lite Women, SC/ST - Only II women held Judgeship in All Years. III Collegium Couldn't stop Politically Motivated Transfers E Judge of Madras High Court Accused Collegium For Political Motive Behind his + Trader. IV No Transparency in 15 Meeting. Way Forward: (1) Consensus Development Between Government and Supreme Court to bring out Memorandum of Procedure For Justified Appointment (CJI th Judge Case). (2) Recording Collegium meeting and Minutes to Increase Transparency in Appointment. (3) Creating Separate and Permanent Body to Oversee Appointment - to Reduce Vacancies.