In Defence Of Collegium System With A Caveat

Abstract

This article undertakes a detailed examination of the arguments put forth on both sides of the debate and critically evaluates them in light of the fundamental principles of the country’s jurisprudence, constitutional morality, its seventy five years long experience as a democratic polity and its wider socio-cultural milieu. The Collegium System is not perfect, just like any other constitutional institution in our democratic set up, it plays an important role in ensuring the independence of judiciary. Despite its shortcomings, like democracy, it continues to be the best system amongst available alternatives. Truly, if the last bastion of independent judiciary falls, then the country would enter the “abyss of a new dark age”. What is the independence of the judiciary if independent and fearless judges are not being appointed?’ This article do recommendations for judicial reform with regard to the Collegium system. These include broadening the process of consultations for choosing meritorious judges by including consultations with the bar and other judges of the same court and taking into account principles of judicial federalism inculcated under article 124 of the constitution. It also recommends making the selection procedure faster, more efficient and inclusive by ensuring greater representation of women, Scheduled Caste and Schedule Tribes and other disadvantaged groups.