Sonakshi Misra, Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur
ABSTRACT
The Collegium System in India, operational since 1993, is a unique framework for appointing judges to the Supreme Court and High Courts, emphasizing judicial independence by minimizing executive interference. Originating from a series of pivotal judgments, this system has the judiciary play a predominant role in its appointments. Despite its goal to safeguard judicial autonomy, the system has been widely criticized for its opacity, lack of accountability, and susceptibility to nepotism. This article critically examines the constitutionality of the Collegium System through an analysis of landmark case laws that have shaped its evolution. It further compares judicial appointment processes in other democracies, such as the United States, the United Kingdom, and Canada, to highlight potential reforms. Recent developments underscore the ongoing debate over the system's effectiveness and the urgent need for reforms to enhance transparency, accountability, and meritocracy. The future of judicial appointments in India hinges on balancing these reforms while maintaining the judiciary's independence, ensuring a fair and effective system aligned with constitutional principles. The future outlook suggests a need for increased transparency, merit-based selection criteria, and more inclusive mechanisms to ensure a fair and robust judiciary and its appointment system in India.
Keywords: Collegium System, Judicial Appointments, Supreme Court, High Courts, Judicial Independence, Transparency, Accountability, Four Judges Cases, National Judicial Appointments Commission (NJAC), Constitutional Provisions, Reforms, Future Outlook.
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