·The Hindu·15 marks·250–350 wordsPolity

Discuss the evolution of the Collegium system in India and examine its adequacy in ensuring transparency and accountability in judicial appointments.

In this answer
  1. Evolution: from executive primacy to judicial primacy
  2. Examining its adequacy

Articles 124 and 217 vest appointment of judges in the President "after consultation" with the judiciary; judicial interpretation of that phrase has converted consultation into concurrence, producing the Collegium — a system that secures independence well, but transparency and accountability only partially.

Evolution: from executive primacy to judicial primacy

  • First Judges Case (1981): "consultation" held not to mean concurrence, leaving executive primacy in appointments.
  • Second Judges Case (1993): overruled this, giving the CJI-headed collegium primacy; Third Judges Case (1998), on a Presidential Reference, fixed the plurality — CJI plus four senior-most judges for the SC, plus two for High Courts.
  • Operationalised through the Memorandum of Procedure (1998), which places initiation of HC proposals with the HC Chief Justice [1].
  • NJAC: the Constitution (99th Amendment) and NJAC Act, 2014 sought a mixed commission [2]; struck down in 2015 as violating judicial independence in the basic structure — restoring the collegium.

Examining its adequacy

  • Strengths: insulates appointments from political patronage; transfer power under Article 222 lets the collegium correct dysfunction quickly — as when, following a sitting SC judge's complaint against the Acting Chief Justice, the collegium in August 2026 recommended a permanent Chief Justice for the Rajasthan High Court, alongside Madhya Pradesh and J&K and Ladakh [3][4].
  • Limitations: no published criteria, no secretariat, no reasoned resolutions — outcomes are announced, deliberations are not.
  • Accountability rests on the in-house procedure (1999), an informal remedy short of removal under Article 124(4)/218; the Judicial Standards and Accountability Bill lapsed.
  • Delays and undisclosed segregation of names by the executive sustain High Court vacancies and reliance on Acting Chief Justices [5].

The collegium has firmly secured independence, but independence and accountability are complements, not trade-offs. A finalised MoP with published eligibility norms, a permanent appointments secretariat, and a statutory complaints mechanism would supply the transparency the system lacks — strengthening, rather than diluting, the judicial primacy the Constitution's basic structure protects.

Sources

  1. 1Memorandum of Procedure of Appointment of High Court Judges — Department of JusticeMoP (1998) and initiation of HC appointment proposals
  2. 2The National Judicial Appointments Commission Bill, 2014 — PRS Legislative ResearchNJAC/99th Amendment attempt to replace the collegium
  3. 3Statement of the Supreme Court Collegium, meeting held on 31 August 2026 (Supreme Court of India)recommendation of a Chief Justice for the Rajasthan High Court and transfer under Article 222
  4. 4SC Collegium picks new Chief Justice for Rajasthan High Court — The Hinducomplaint by a sitting Supreme Court judge; recommendations for Madhya Pradesh and J&K and Ladakh High Courts
  5. 5Vacancy Position of Judges — Department of Justice dashboardsanctioned strength and continuing High Court vacancies
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