VG

Vishwajeet GuptaAIR 67· 2025

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 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.

Third judges case - SC opined that 'concurrence' opinion of not just the Chief Justice but four senior-most judges alongwith. Thus, the current system of 4+1 Collegium decides on the appointment of Supreme Court judges. • Fourth judges case (2015) - SC nullified the National Judicial Appointment Commission NJAC on grounds on that it interferes with independence of judiciary. → A Special Case → 5+1 Collegium Herein, another one judge of SC is added to collegium if rest four judges are to retire within or with duration tenure of current chief justice.

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.

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Conclusion

Thus, it has been argued that though collegium system is working well, a renewed emphasis on transparency of the process is required.

22 words

Topper

Vishwajeet Gupta

AIR 672025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Collegium System

Evolution and Functioning

Writing Stats

290

Total words

1

Paragraphs

1

Bullets

analytical

Tone