Should There Be A Separate System To Appoint Judges In The Courts Rather Than The Collegium System?

No, according to me there’s no better system than the collegium system to appoint the judges in the courts in India.

So basically, I’ll explain what the collegium system exactly is and how it works:

The way judges are chosen and moved around is set by the Supreme Court’s decisions, not by a law passed by Parliament or a clause in the Constitution. Under the Collegium System, the appointments, promotions, and transfers of Supreme Court judges are made by a group that includes the Chief Justice of India and the four most senior Supreme Court judges.

The Collegium has not been mentioned in the original Constitution of India or in any of the changes that have been made since then.

Methods for choosing the Chief Justice of India:

1. The President of India is the one who chooses the CJI and the other Supreme Court judges.
2. It has always been the case that the CJI who was leaving would suggest the next one.
3. The only way the CJI could be chosen is by seniority, which is a strict rule. After the trouble in 1970, this is what has happened.

Methods for choosing High Court Judges

1. The President talks with the Governor about who should be the Chief Justice of the High Court.
2. The collegium makes the decision about who will be the judge, and the proposal is sent to the chief minister.
3. Governor and a request to do so would be sent to the Union Government’s Law Minister

How does the collegium system function?

The Collegium is required to propose attorneys or judges to the Central Government. The Central Government, in turn, offers some of its preferred candidates to the Collegium. The names are investigated by the Central Government, and the file is returned to the Collegium for review. If the collegium takes into account the names and comments offered by the Central Government, it resubmits the file to the government for final confirmation. In such a circumstance, the names must be approved by the government. The main flaw is that no time restriction is set for the administration to respond.

1. The problem faced with the Collegium System:
2. Lack of clarity and being hard to understand.
3. A chance for favoritism.
4. Getting involved in public fights.
5. Ignores a number of talented young judges and lawyers.