Collegium System in India

Pritam Ghosh

doi:10.36948/ijfmr.2025.v07i01.36293

Collegium System in India

Author(s)	Pritam Ghosh
Country	India
Abstract	The process of appointing and transferring judges to the Supreme Court and High Courts in India operates under the Judicial Collegium System. This framework, which has emerged through judicial interpretations rather than direct constitutional provisions, was primarily shaped by rulings in the Three Judges Cases. The system entrusts the Chief Justice of India (CJI) and a group of senior judges with the responsibility of recommending judicial appointments. A similar mechanism applies to High Courts, where the Chief Justice of the respective court plays a leading role. While the executive has the authority to seek clarifications or express reservations, repeated recommendations from the collegium ultimately prevail. Significant judicial pronouncements have influenced the evolution of this system. The First Judges Case (1981) ruled that "consultation" with the CJI did not equate to "concurrence." However, the Second Judges Case (1993) overturned this view, emphasizing the necessity of concurrence in judicial appointments. Later, the Third Judges Case (1998) reinforced the principle of collective decision-making by requiring a plurality of opinions in the selection process. The National Judicial Appointments Commission (NJAC) Act, 2014, sought to replace the collegium system but was struck down in 2015 on the grounds that it compromised judicial independence. Although the collegium system protects judicial autonomy, it has drawn criticism for its lack of transparency and potential biases. Concerns have been raised about the underrepresentation of marginalized communities, including Other Backward Classes (OBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs), in judicial appointments.
Keywords	Collegium System, Judicial Appointments, Judicial Independence, National Judicial Appointments Commission (NJAC), Supreme Court, High Court, Transparency.
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 1, January-February 2025
Published On	2025-02-02
Cite This	Collegium System in India - Pritam Ghosh - IJFMR Volume 7, Issue 1, January-February 2025. DOI 10.36948/ijfmr.2025.v07i01.36293
DOI	https://doi.org/10.36948/ijfmr.2025.v07i01.36293
Short DOI	https://doi.org/g83xw2

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Collegium System in India

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