Collegium system debate highlights judicial appointments friction
Source:The Hindu ↗
কেন এটি গুরুত্বপূর্ণ
It highlights the ongoing friction between the executive and the judiciary over the judicial appointment mechanism, which is central to maintaining the independence of the judiciary and constitutional checks and balances.
সারসংক্ষেপ
Supreme Court judge Justice Datta strongly defended the Collegium system for judicial appointments, characterizing the clamour against it as a weak attempt by the government to mask its own failures and delays in appointing judges.
মূল বিষয়
- Justice Datta defended the Collegium system, stating that criticism against it is a 'feeble attempt' by the government to hide its own dereliction and failure in processing judicial appointments.
- The remarks highlight tensions between the executive and the judiciary regarding appointment delays and institutional accountability.
- The debate touches upon separation of powers, transparency, and checks and balances in judicial appointments.
গুরুত্বপূর্ণ শব্দ
Collegium
The system for appointment and transfer of judges in the higher judiciary evolved through Supreme Court judgments (the Three Judges Cases), where the Chief Justice of India and senior-most judges recommend names to the executive.
UPSC context
GS Paper II (Indian Polity - Judiciary, Separation of Powers, and Institutional Tensions). Tests understanding of constitutional governance and judicial independence.
National Judicial Appointments Commission Act
A legislative body proposed via the 99th Constitutional Amendment Act to replace the Collegium system with a transparent panel, which was struck down by the Supreme Court in 2015 as violating judicial independence.
UPSC context
GS Paper II (Polity - Structure, Organization, and Functioning of the Judiciary). Tests knowledge of executive-judiciary conflicts and judicial review.
Supreme Court of India
The apex judicial authority in India under Article 124, serving as the guardian of the Constitution, court of record, and final court of appeal with powers of judicial review.
UPSC context
GS Paper II (Polity - Organs of State, Constitutional Interpretation). Tests understanding of the highest constitutional court's powers, jurisdiction, and institutional role.
প্রিলিমস ফাঁদ
The Collegium system for judicial appointments is explicitly provided under Article 124 and Article 217 of the Indian Constitution.
Aspirants frequently assume the Collegium system is explicitly established under Article 124 of the Constitution, whereas it is entirely a product of judicial interpretation (Three Judges Cases).
সংযুক্ত স্থির ধারণা
How did the Collegium system evolve and what was the ruling in the NJAC Case?
- Judicial Evolution: Not in text, evolved entirely through the Three Judges Cases (1981, 1993, 1998) rather than original constitutional text.
- NJAC Attempt: 99th Amendment Act and NJAC Act (2014) sought to replace Collegium with executive-judicial joint representation.
- Basic Structure: Fourth Judges Case (2015) struck down NJAC as unconstitutional for violating the Basic Structure doctrine and judicial independence.
আন্তঃবিষয় প্যাটার্ন
Collegium delays & Separation of Powers
Judicial appointment delays and the executive's withholding of collegium-approved names directly intersect with the doctrine of separation of powers and checks and balances under Article 50 and Article 142.
Institutional Autonomy vs Executive Overreach
Efforts to alter judicial appointment mechanisms reflect a broader pattern of executive-legislative pushback against independent constitutional bodies, paralleling debates over Election Commission and CBI appointments.
Expect a statement-based prelims question on the constitutional basis of the Collegium or the NJAC verdict (Fourth Judges Case).
সংযুক্ত PYQ · 2
সংযুক্ত PYQ · 2
- 2025MainsGS2
Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA.
- 2017MainsGS2
Critically examine the Supreme Court's judgement on 'National Judicial Appointments Commission Act, 2014' with reference to appointment of judges of higher judiciary in India.
