Referring to the case laws through which the collegium system in India evolved, critically assess its functioning.
Main Body
Collegium system of Supreme Court is a mechanism to transfer, promote, and bring in judges to Supreme Court and various High Courts. Evolution of Collegium system: • First judges case (Advocates on Record Association vs Union of India) - SC opined that the 'consultation' with chief just justice during appointment does not mean 'concurrence'. • Second judges case - SC opined that the word 'consultation' mean 'concurrence' thereby reducing role of President executive. Collegium system emerges here.
Benefits of the collegium system: 1) Timely decisions regarding appointment. 2) No-interference from executive. 3) Immunity - from fear or favour of executive. 4) Judges are the & best guardians of judicial literacy, thus best suited for selection & appointment. Concerns of Collegium system: - Numerous vacancies in High Courts & even Supreme Court. - Lack of accountability of judiciary. - No concrete grounds for selection or rejection — No transparency. - Violation of natural justice. Thus, it has been argued that though collegium system is working well, a renewed emphasis on transparency of the process is required.
Conclusion
Thus, it has been argued that though collegium system is working well, a renewed emphasis on transparency of the process is required.
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Vishwajeet Gupta
Executive, Judiciary, Ministries and Pressure Groups
Collegium System
Evolution and Functioning
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analytical
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