Supreme Court Collegium and the Debate on Judicial Appointments

Current Affairs National

Posted by newadmin on 2025-03-25 08:56:16 |

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The Supreme Court collegium plays a crucial role in the appointment and transfer of judges in India’s higher judiciary. Recently, it made headlines for transferring Justice Yashwant Varma from the Delhi High Court to the Allahabad High Court after a fire incident at his residence led to the recovery of a large amount of cash. This event reignited debates on the transparency and accountability of the collegium system.

The collegium system is responsible for appointing judges to the Supreme Court and High Courts. It evolved through judicial rulings rather than constitutional provisions. The Supreme Court collegium consists of the Chief Justice of India (CJI) and the four seniormost judges, while High Court collegiums comprise the Chief Justice and two senior judges. Recommendations made by High Court collegiums must be approved by the Supreme Court collegium. The government’s role is limited to background checks, but it must accept the collegium’s final decision.

Despite its importance, the system faces criticism for its opaque nature. There is no formal selection process, and eligibility criteria remain undisclosed. Many argue that this leads to favoritism and a lack of accountability.

To address these concerns, proposals such as the National Judicial Appointments Commission (NJAC) were introduced. The NJAC, passed in 2014, sought to include government representation, but it was struck down by the Supreme Court in 2015 for undermining judicial independence.

The debate over judicial appointments continues, highlighting the need for a balance between judicial independence and transparency in India’s legal system.

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