What is the Collegium System

1. It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution

2. Evolution of the System:
I. First Judges Case (1981):

  • SC held that in the appointment of a judge of the SC or the HC the word “consultation” in Article 124 (2) & in Article 217 of the constitution does not mean “concurrence”
  • Gave the executive primacy over the judiciary in judicial appointments

II. Second Judges Case (1993):

  • SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.
  • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior most judges in the SC.

III. Third Judges Case (1998):

  • SC on the President’s reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.


3. Current Structure:

  • SC Collegium – CJI & the 4-senior most judges of the SC
  • HC Collegium – CJI & 2 senior most judge of the SC


4. Criticism

  • Opaqueness
  • Scope of Nepotism
  • Exclusion of Executive
  • No predetermined procedure of appointment
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