The Collegium System in Indian Judiciary: Origins, Constitutional Position, Merits, Drawbacks, and Global Perspectives
Abridged Conclusion : The collegium system in India, while effective in safeguarding judicial independence, suffers from opacity, nepotism, and inefficiencies. Globally, hybrid models like the UK’s Judicial Appointments Commission or South Africa’s Judicial Service Commission offer a better balance of independence, transparency, and diversity. For India, a reformed hybrid model, inspired by global best practices, would be superior to both the collegium and executive-led appointments, though the collegium remains preferable to executive dominance given India’s history of political interference. Introduction The collegium system governs the appointment and transfer of judges in India’s Supreme Court and High Courts. This note examines its origins, constitutional basis, advantages over executive-led appointments, drawbacks, and a comparative analysis with global practices to determine the optimal approach. 1. Origins of the Collegium System The collegium system emerged through judicial in...