The Collegium System

The Collegium system is a system of judicial appointments in India that was introduced in 1993. Under this system, the appointment of judges to the Supreme Court and the High Courts is made by a collegium of five senior judges, headed by the Chief Justice of India. The collegium system was introduced in response to the growing politicization of judicial appointments in India.

The collegium system has been criticized for being opaque and undemocratic. Critics argue that the system gives too much power to a small group of judges, and that it is not accountable to the public. They also argue that the system is susceptible to nepotism and corruption.

Despite these criticisms, the collegium system has remained in place for over two decades. This is due in part to the fact that there is no consensus on a better alternative. The government has proposed several reforms to the collegium system, but these have been met with resistance from the judiciary.

The National Judicial Appointments Commission (NJAC)

The National Judicial Appointments Commission (NJAC) is a body that was established by the government of India in 2014 to replace the collegium system of judicial appointments. The NJAC consists of the Chief Justice of India, two senior judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons nominated by the President.

The NJAC was struck down by the Supreme Court in 2015 on the grounds that it was unconstitutional. The Court held that the NJAC violated the principle of separation of powers, as it gave the executive and the legislature a role in judicial appointments.

The government has since proposed a new law to replace the NJAC. The new law would create a Judicial Appointments Committee (JAC) that would consist of the Chief Justice of India, two senior judges of the Supreme Court, and two eminent persons nominated by the President. The JAC would be responsible for making recommendations to the President on the appointment of judges to the Supreme Court and the High Courts.

Frequently Asked Questions

What is the Collegium system?

The Collegium system is a system of judicial appointments in India that was introduced in 1993. Under this system, the appointment of judges to the Supreme Court and the High Courts is made by a collegium of five senior judges, headed by the Chief Justice of India.

What are the criticisms of the Collegium system?

The Collegium system has been criticized for being opaque and undemocratic. Critics argue that the system gives too much power to a small group of judges, and that it is not accountable to the public. They also argue that the system is susceptible to nepotism and corruption.

What is the National Judicial Appointments Commission (NJAC)?

The National Judicial Appointments Commission (NJAC) is a body that was established by the government of India in 2014 to replace the collegium system of judicial appointments. The NJAC consists of the Chief Justice of India, two senior judges of the Supreme Court, the Union Minister of Law and Justice, and two eminent persons nominated by the President.

What happened to the NJAC?

The NJAC was struck down by the Supreme Court in 2015 on the grounds that it was unconstitutional. The Court held that the NJAC violated the principle of separation of powers, as it gave the executive and the legislature a role in judicial appointments.

What is the future of judicial appointments in India?

The government has since proposed a new law to replace the NJAC. The new law would create a Judicial Appointments Committee (JAC) that would consist of the Chief Justice of India, two senior judges of the Supreme Court, and two eminent persons nominated by the President. The JAC would be responsible for making recommendations to the President on the appointment of judges to the Supreme Court and the High Courts.

MCQs

1. The Collegium system was introduced in:
   (a) 1993
   (b) 2003
   (c) 2013
   (d) 2015

2. The NJAC was struck down by the Supreme Court in:
   (a) 2014
   (b) 2015
   (c) 2016
   (d) 2017

3. The new law to replace the NJAC would create a:
   (a) Collegium
   (b) NJAC
   (c) JAC
   (d) None of the above

4. The JAC would consist of:
   (a) The Chief Justice of India, two senior judges of the Supreme Court, and two eminent persons nominated by the President.
   (b) The Chief Justice of India, two senior judges of the High Court,