Collegium System for SC & HC judges appointment.

The Indian Collegium System is a unique mechanism for appointing judges to the higher judiciary in India, including the Supreme Court and High Courts. Here's an overview:

History and Evolution

The Collegium System was established in 1993 through a series of Supreme Court judgments, particularly the Second Judges Case (1993) and the Third Judges Case (1998). The system was designed to ensure judicial independence and shield the judiciary from executive interference.

Composition and Functioning

The Collegium System consists of a panel of senior judges who recommend appointments to the higher judiciary. The Collegium typically comprises:

1. *Chief Justice of India (CJI)*: The CJI is the head of the Collegium.

2. *Four Senior-most Judges*: The four senior-most judges of the Supreme Court, excluding the CJI, are part of the Collegium.

The Collegium recommends names for appointment as judges to the Supreme Court and High Courts. The recommendations are then sent to the Executive (the President of India and the Prime Minister's Office) for approval.

Process of Appointment

The Collegium follows a consultative process to recommend names for appointment:

1. *Consultation*: The Collegium consults with other judges, the Chief Justice of the concerned High Court, and sometimes, the Executive.

2. *Recommendation*: The Collegium recommends names for appointment, usually in order of seniority.

3. *Executive Approval*: The recommendations are sent to the Executive for approval.

4. *Appointment*: Once the Executive approves the recommendations, the President of India issues a warrant of appointment.

Criticisms and Controversies

The Collegium System has faced criticisms and controversies:

1. *Lack of Transparency*: The Collegium's decision-making process is opaque, leading to allegations of bias and favoritism.

2. *Arbitrariness*: The Collegium's recommendations are sometimes perceived as arbitrary, without clear criteria or justification.

3. *Executive-Judicial Tussle*: The Collegium System has led to tensions between the judiciary and the executive, with the executive sometimes questioning the Collegium's recommendations.

Reforms and Proposals

To address the criticisms, several reforms and proposals have been suggested:

1. *National Judicial Appointments Commission (NJAC)*: The NJAC was established in 2014 to replace the Collegium System, but it was struck down by the Supreme Court in 2015.

2. *Transparency and Accountability*: Proposals have been made to introduce more transparency and accountability in the Collegium's decision-making process.

3. *Merit-based Selection*: Some have suggested a merit-based selection process, rather than relying solely on seniority.

The Indian Collegium System is a unique and complex mechanism that has evolved over time. While it has its strengths, it also faces criticisms and controversies. Ongoing debates and discussions aim to refine the system and ensure the appointment of highly qualified and independent judges to the higher judiciary.