Model answer & approach
- Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA. (Answer in 250 words)
Introduction
The collegium system in India evolved through judicial interpretation rather than constitutional text. It governs the appointment and transfer of judges in the Supreme Court and High Courts, aiming to preserve judicial independence.
Body
1. Evolution of the Collegium System in India:
- First Judges Case (1981): Held that the executive had primacy in judicial appointments.
- Second Judges Case (1993): Reversed the earlier view, giving primacy to the judiciary through a collegium of senior judges.
- Third Judges Case (1998): Expanded the collegium to CJI + four senior-most judges, establishing the current system.
- The National Judicial Appointments Commission (NJAC) Act (2014) was struck down in 2015, reaffirming judicial primacy while calling for transparency reforms.
2. Advantages of the Indian System:
- Ensures judicial independence from political interference.
- Promotes continuity and institutional integrity in appointments.
3. Disadvantages:
- Opaque and unaccountable process, lacking transparency or external oversight.
- Perceived elitism and nepotism due to limited diversity and public scrutiny.
4. Comparison with the U.S. System:
- In the USA, judges are appointed by the President with Senate confirmation, ensuring democratic accountability and public hearings.
- However, it often leads to politicization of appointments along partisan lines.
Conclusion
While India’s collegium system safeguards judicial autonomy, its closed nature calls for institutional reforms ensuring transparency and accountability, avoiding both executive dominance and judicial exclusivity—a balance neither India nor the USA has fully perfected.
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