Prajna V, Ramaiah College of Law
ABSTRACT
This paper examines the evolution of the judicial appointment process in India, tracing it from ancient traditions to the present-day collegium system. It analyses the key challenges associated with the collegium system, particularly the need for greater transparency and public accountability. The paper then explores potential reforms to the system, drawing on examples from other jurisdictions, to strike a balance between the independence of the judiciary and the democratic principles of transparency and accountability.
Introduction
A system of appointment and transfer of judges that has evolved through judgements of the SC, not by any act of the parliament or by a provision of the constitution.
Who heads the collegium system?
The SC collegium is headed by the CJI (Chief Justice of India) and comprises four other senior judges of the court. A high court collegium is led by the incumbent chief justice and two other senior-most judges of that court. Judges of the higher judiciary are appointed only through the collegium system and the government has a role only after names have been declared decided by the collegium.
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