Judicial Independence ,Appointments and the Collegium

Assit prof. Pushpa Rani

Volume : V, Issue : XII, December - 2015

Judicial Independence ,Appointments and the Collegium

Assit Prof. Pushpa Rani

Abstract :

The collegium system has come under a fair amount of criticism. One recommendation by a collegium came to be challenged in court. The court held that who could become a judge was a matter of fact, and any person had a right to question it. But who should become a judge was a matter of opinion and could not be questioned. As long as an effective consultation took place within a collegium in arriving at that opinion, the content or material placed before it to form the opinion could not be called for scrutiny in a court.Presently, by a recent order in the Fourth Judges‘ Case, the court has invited everyone, including the public to suggest by mid–November 2015. how to improve it, oadly along the lines of – setting up an eligibility criteria for appointments, a permanent secratariat to help the collegium sift through material on potential candidates, infusing more transparency into the selection process, grievance redressal and any other suggestion not in these four categories, like transfer of judges. The position of Chief Justice of India is attained on the basis of seniority amongst the judges serving on the court.