Appointment of Judges- The Collegium System

The process of appointment of judges of the Supreme Court and High Courts has been sort of a mystery. While the Constitution does contain provisions for the appointment of Judges, it does not law down a specific procedure. Presently, the appointment of Judges is carried out by the Collegium system which was developed through a series of Supreme Court Judgements, known as the Three Judges’ Cases. Judicial Appointments Bill was drafted by the previous government. This bill proposed to do away with the collegium system, which has been criticised on various grounds, and create a Judicial Appointments Commission, consisting of CJI, Supreme Court Judges, Law Minister, Law Secretary, eminent jurists and the Leader of Opposition in the Lok Sabha. Article 124 of the Constitution, which talks about appointment of Supreme Court Judges, was to be amended to make JAC as the advisory body.

Judicial Reforms, especially those related to the appointment and transfer of judges in the higher judiciary are highly desirable. Judiciary should above controversy and suspicion. The appointments should be based only on merit and not on any other factors.

Here is a detailed analysis of the COLLEGIUM SYSTEM and the <<Judicial Appointments Bill>>