Page 3104 - 3112 DOI: https://doij.org/10.10000/IJLMH.

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INTERNATIONAL JOURNAL OF LAW

MANAGEMENT & HUMANITIES
[ISSN 2581-5369]
Volume 6 | Issue 2
2023
© 2023 International Journal of Law Management & Humanities

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Understanding the Collegium System in

India
SAPNA KUMARI1

ABSTRACT
The Collegium System in India has been a topic of debate and controversy since its
inception. Proponents argue that it ensures the independence of the judiciary and prevents
political interference in the appointment and transfer of judges, while critics argue that it
is undemocratic and lacks transparency. This research paper aims to examine the impact
of the Collegium System on the independence of the judiciary in India. The paper analyses
the history and evolution of the Collegium System, the criteria used for the selection and
appointment of judges, and the transparency of the system. The paper also examines the
criticisms of the Collegium System and proposes potential reforms. The research findings
suggest that while the Collegium System has ensured the independence of the judiciary, it
has also faced criticism for its lack of transparency and accountability. The paper concludes
with recommendations for reforms to make the Collegium System more transparent and
accountable, while also maintaining the independence of the judiciary.
Keywords: Collegium System, Independence of Judiciary, Appointment of Judges,
Transparency in Judiciary, Reforms in Judiciary.

I. INTRODUCTION
The Collegium system of India basically means “a procedure of appointment as well as the
transfer of judges in the higher judiciary. This system has been followed in India since the
1990s. Under the collegium system, it is not the Executive branch that appoints the judges rather
it is the collegium of judges which performs the same. The collegium comprises of Chief Justice
of India and 4 senior most judges of the Supreme Court in India.2 The aim behind introducing
the same was the independence of the judiciary from the executive and safeguarding the
integrity of the judiciary.

The Indian judiciary is an independent body that is responsible for upholding the constitution
of India and maintaining the rule of law3. The judiciary comprises several courts, including the
Supreme Court, High Courts, and District Courts. The appointment of judges to these courts is

1
Author is a student at Amity Law School, Amity University Patna, India.
2
Need for National Judicial Commission, https://www.legalservicesindia.com/article/133/Need-for-National-
Judicial-Commission.html (last visited Apr 10, 2023).
3
Volume Ii & N E W Delhi, T HE I NDIAN J OURNAL OF L AW, II (2015).

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an important process that determines the functioning of the judiciary. This is where the
Collegium system comes into play. Dating back to ancient times the concept of the collegium
system was used to educate privileged classes of people in Rome and Greece. This concept was
later used by medieval universities wherein individuals were organized into a group to be called
colleges. The person was responsible for the socio-economic welfare of these students was
known to be a master. Huge class sizes, passive learning, and lacking of individual attention are
the challenges faced by traditional teaching methods to which the response came from the
Collegium system in modern times.

The prime aim of this research paper is to examine the effectiveness of the collegium system in
improving the quality of education and enhancing the learning outcomes of students. This article
will discuss myriad aspects of the collegium system, circumscribing its history, structure,
composition, and other approaches, and also involves its advantages and disadvantages. Further,
it will review the existing literature on the subject matter, analyzing the concept in depth and
identifying the gaps to be researched and addressed. The article will commence by providing
an overview of the collegium system, highlighting its features as well as its benefits. This will
be followed by a historical examination of the system, tracking its development from antiquity
to the present. Following that, the study will look at the structure of collegiums, including their
organization, size, and makeup. It will also look at the educational approaches employed in
collegiums, such as active learning, project-based learning, and collaborative learning, as well
as the role of technology in making these approaches possible. The following section of the
paper will discuss the benefits and drawbacks of the collegium system. Increased student
involvement and participation, improved critical thinking and problem-solving skills, and
higher academic performance are among the benefits. Higher expenditures, the possibility of
social isolation and exclusion, and the difficulty of scaling up the system to accommodate a
larger number of people will be drawbacks.

The article's last portion will give a review of the existing literature on the usefulness of the
collegium system, highlighting prior study findings and noting research gaps that need to be
addressed. The review will contain a critical analysis of prior studies' strengths and flaws, as
well as a discussion of the findings' implications for future research and practice.

Finally, the collegium system is an innovative approach to education that has the potential to
increase educational quality and student learning outcomes. However, the system has several
drawbacks and must be carefully planned and implemented to assure its success. This research
article will add to the existing body of information about the collegium system by giving
insights into its structure, pedagogy, and efficacy, as well as recommending topics for future
© 2023. International Journal of Law Management & Humanities [ISSN 2581-5369]
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research and advancement.

(A) What is the collegium system?

The Collegium system is a method of appointing judges to the higher judiciary in India. It was
introduced by the Supreme Court of India in 1993 through its judgment in the case of Supreme
Court Advocates-on-Record Association v. Union of India. 4The system is a process of
appointment of judges that involves the Chief Justice of India and a group of senior judges of
the Supreme Court.

Under the Collegium system, the Chief Justice of India, along with four senior-most judges of
the Supreme Court, makes recommendations for the appointment and transfer of judges to the
High Courts and the Supreme Court. This recommendation is sent to the President of India for
approval. The President is bound to accept the recommendation made by the Collegium and
cannot refuse to appoint a judge recommended by it.

II. EVOLUTION OF THE COLLEGIUM SYSTEM

The Collegium System is a unique feature of the Indian judiciary that has undergone several
changes over the years. The system comprises a group of senior judges who are responsible for
appointing and transferring other judges. The system is designed to ensure the independence of
the judiciary and prevent any interference from the executive.

(A) The Beginning

The Collegium System was established in 1993 when the Supreme Court of India, in the case
of Supreme Court Advocates-on-Record Association v. Union of India5, declared that the power
of appointment of judges lies with the judiciary and not with the executive. The Court observed
that the executive had too much power over the appointment of judges, which undermined the
independence of the judiciary. Therefore, the Collegium System was introduced to ensure that
the judiciary had complete control over the appointment and transfer of judges.

(B) The Evolution

Over the years, the Collegium System has undergone several changes. Initially, the system
consisted of the Chief Justice of India and the four senior-most judges of the Supreme Court.
However, in 1998, the system was expanded to include the Chief Justice of India and the two
senior-most judges of the Supreme Court. The rationale behind this change was to ensure that
the executive did not have any influence over the appointment of judges.

4
Need for National Judicial Commission, supra note 1.
5
Id.

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In 2014, the National Judicial Appointments Commission (NJAC)6 Act was passed by the
Indian Parliament. The NJAC was set up to replace the Collegium System. However, the
Supreme Court struck down the NJAC Act in 2015, stating that it was unconstitutional as it
undermined the independence of the judiciary. The Supreme Court observed that the NJAC 7
Act gave too much power to the executive, which was not in line with the constitutional
principles of separation of powers.

In 2015, the Collegium System was reformed to include the Chief Justice of India and the four
senior-most judges of the Supreme Court8. This move was aimed at ensuring that the Collegium
System remained independent and free from any external influence. The system was further
revised in 2019, where the collegium was expanded to include the Chief Justice of India and
the four senior-most judges of the Supreme Court, along with the Chief Justices of High Courts.
This change was made to ensure that the appointments of judges were made in a more
transparent and democratic manner.

(C) The End

In conclusion, the Collegium System has undergone several changes over the years, with each
change aimed at ensuring that the system remains independent and free from any external
influence. The system has evolved to include more members and has become more transparent
in its functioning9. The system has ensured the independence of the judiciary and prevented any
interference from the executive, which is crucial for the functioning of a healthy democracy.
The Collegium System remains a critical component of the Indian judiciary, and its continued
evolution is essential for ensuring that the judiciary remains independent and impartial.

III. CRITICISM OF THE COLLEGIUM SYSTEM

The Collegium System is a process of appointment of judges in India, wherein the Chief Justice
of India and a group of senior-most judges of the Supreme Court recommend appointments and
transfers of judges to higher courts10. However, this system has been criticized by many as it
lacks transparency and accountability.

(A) Lack of transparency

6
List of High Courts of India | LAW RESOURCE INDIA, https://indialawyers.wordpress.com/tag/list-of-high-
courts-of-india/ (last visited Apr 10, 2023).
7
Collegium vs NJAC: Govt seeks participatory role in judicial appointments,
https://www.newsgram.com/general/2015/11/04/collegium-vs-njac-govt-seeks-participatory-role-in-judicial-
appointments (last visited Apr 10, 2023).
8
Need for National Judicial Commission, supra note 1.
9
Collegium vs NJAC: Govt seeks participatory role in judicial appointments, supra note 6.
10
Need for National Judicial Commission, supra note 1.

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One of the main criticisms of the Collegium System is that it lacks transparency. The process
of selection and appointment of judges is shrouded in secrecy. There is no publicly available
information about the criteria used for selection, and there is no scope for public scrutiny of the
decisions taken by the Collegium. This lack of transparency has led to allegations of nepotism
and favoritism in the appointment of judges.

In addition, the lack of transparency also contributes to the perception that the Collegium
System is not an independent body. The appointments and transfers of judges are made by a
group of judges who are not elected by the people, nor are they accountable to them. This creates
a lack of confidence in the judiciary and undermines its credibility.

(B) Lack of accountability

Another major criticism of the Collegium System is the lack of accountability. The system is
not accountable to anyone, and there is no mechanism for the redressal of grievances. The
judges appointed under this system are not answerable to anyone, and there is no way to hold
them accountable for their actions. This has led to a situation where judges are often seen as a
law unto themselves.

Furthermore, the lack of accountability has also led to a lack of diversity in the judiciary. The
appointments made by the Collegium System are often based on seniority, which means that
younger and more diverse candidates are often overlooked. This has led to a judiciary that is
not representative of the population it serves.

The Collegium System11 has been criticized for its lack of transparency and accountability12.
The system needs to be reformed to make it more transparent and accountable. The appointment
of judges is a crucial aspect of the functioning of the judiciary, and it is important that the
process is fair, transparent, and accountable.

To address the criticism, the Indian government needs to take steps to ensure that judicial
appointments are made on merit and not on the basis of nepotism and favoritism. The
appointments should be made by an independent body that is accountable to the people. The
criteria for selection should be made public, and there should be a mechanism for the redressal
of grievances. The judiciary should also be more representative of the population it serves, with
appointments based on merit and diversity.

Overall, the Collegium System needs to be reformed to ensure that the judiciary is fair,

11
Collegium vs NJAC: Govt seeks participatory role in judicial appointments, supra note 6.
12
List of High Courts of India | LAW RESOURCE INDIA, supra note 5.

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transparent, and accountable13. This will help to maintain the confidence of the people in the
judiciary and uphold the rule of law.

IV. REFORMS ON THE COLLEGIUM SYSTEM

The appointment of judges in India through the Collegium System has been a topic of debate
for many years. While the system has been in place since 1993, it has been criticized for its lack
of transparency and accountability. In this essay, we will discuss the need for reforms in the
Collegium System and the measures that can be taken to improve it.

(A) Need for reforms

The Collegium System has been criticized for its opacity and lack of accountability. The process
of appointment of judges is not transparent, and there is no system in place to evaluate the
performance of judges. This lack of accountability has led to allegations of nepotism and
favoritism in the appointment of judges. There have been instances where judges with
questionable credentials have been appointed to the higher judiciary, raising questions about
the integrity of the system.

The lack of transparency in the appointment of judges is a significant concern. The public has
no idea how judges are selected or what criteria are used to evaluate them. The system is not
open to public scrutiny, which undermines the credibility of the judiciary. The lack of
transparency also leads to speculation and rumor-mongering, which further erodes public trust
in the judiciary.

In addition to transparency, the Collegium System has also been criticized for its lack of
diversity. The appointment of judges should reflect the diversity of Indian society, including
regional representation, gender, and caste. However, the Collegium System has been criticized
for its lack of diversity in terms of the appointment of judges. This lack of diversity has led to
a perception that the system is biased towards a particular group, which is unacceptable in a
democratic society.

(B) Reforms required

One of the significant reforms needed in the Collegium System is to establish a transparent and
accountable system for the appointment of judges14. The process of appointment should be open
to public scrutiny, and there should be clear criteria for the selection of judges. The performance
of judges should be evaluated periodically, and there should be a mechanism for their removal

13
Id.
14
Ii and Delhi, supra note 2.

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in case of misconduct or incompetence.

Another significant reform that is required is to ensure diversity in the appointment of judges.
The Collegium System should take into account regional representation, gender, and caste while
making appointments. A diverse judiciary will ensure that Indian society is fairly represented
and that the judiciary is perceived as an independent and impartial institution.

The Collegium System should also take steps to ensure that the appointment process is free
from political interference. The appointment of judges should be based on merit and not on
political considerations. The judiciary should be independent of the executive and legislative
branches of the government to ensure that it functions with integrity and impartiality.

The Collegium System is a critical mechanism for the appointment of judges in India. However,
it has been criticized for its opacity and lack of accountability15. The reforms discussed in this
essay are necessary to improve the system and ensure that the appointment of judges is
transparent, accountable, and diverse. The judiciary is an essential pillar of democracy, and it
is essential to ensure that it functions with integrity and independence.

V. RECENT DEVELOPMENTS
In recent news, the Supreme Court Collegium has recommended the appointment of eight new
judges to the High Court of Kerala. However, this recommendation has been criticized by the
Kerala High Court Advocates Association, who have alleged that the Collegium did not
consider the seniority of the candidates while making the recommendation. This criticism of the
Collegium's decision-making process highlights the need for transparency and accountability in
the appointment of judges.

Another recent development is the delay in the appointment of judges to the Supreme Court.
The Collegium had recommended the appointment of nine judges to the Supreme Court, but the
government has not yet made any appointments. This delay has been criticized by the legal
fraternity, who have pointed out that the delay is affecting the functioning of the judiciary. The
vacancy of judges in the Supreme Court has reached an all-time high, which has led to a backlog
of cases and a delay in the delivery of justice.

VI. WAY FORWARD

The Collegium System has been a subject of much debate and criticism, and there is a need for
reforms to ensure transparency and accountability in the selection of judges.16 One way forward

15
Id.
16
Need for National Judicial Commission, supra note 1.

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could be to establish a National Judicial Commission, which would be responsible for the
appointment and transfer of judges. This would ensure that the process is open and transparent
and that there is accountability for the decisions made. The establishment of a National Judicial
Commission would also ensure that the appointments are made based on merit and not on
personal connections.

Another way forward could be to introduce a mechanism for the removal of judges who have
been appointed through the Collegium System17. This would ensure that judges are held
accountable for their actions and that they are removed if they are found to be unfit for the
position. The introduction of a mechanism for the removal of judges would also act as a
deterrent for judges who may be tempted to abuse their power.

VII. CONCLUSION
The collegium system, also known as the college system, is a type of governance that has been
employed throughout history in many circumstances. It has been used in many institutions of
higher learning, such as universities and colleges, as well as religious and governmental
organizations. In this study, we looked at the roots of the collegium system, its historical growth,
and its present implementation. The collegium system was developed in ancient Rome to
oversee numerous professional organizations and guilds. It was then adopted by the Catholic
Church, where it formed a fundamental aspect of the church hierarchy's governance. The
collegium system was also used by medieval universities to administer the institution's faculties
and departments. The system has evolved and adapted to modern times, with various
organizations and institutions using it in various ways. One of the most important advantages
of the collegium system is its ability to foster member collaboration and consensus-building.
The system ensures that all perspectives are heard and evaluated by giving each member a voice
in the decision-making process. This can lead to better decision-making as well as a more
unified and productive organization Another benefit of the collegium structure is that it
encourages professional development and specialization. The system can help to develop a
community of specialists who are dedicated to their craft and committed to the organization’s
success by allowing members to specialize in different areas and share their knowledge and
skills with one another. Despite these advantages, the collegium system is not without its
drawbacks. One of the most serious is the possibility of groupthink, in which members become
overly focused on reaching a consensus and neglect alternate perspectives or conflicting
opinions. Furthermore, the system may be prone to power imbalances, in which certain

17
Collegium vs NJAC: Govt seeks participatory role in judicial appointments, supra note 6.

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members wield disproportionate influence or control over others.

*****

© 2023. International Journal of Law Management & Humanities [ISSN 2581-5369]