Constitutionality of the Collegium System in India
The collegium system is a system under which appointments and elevations of judges and lawyers to the Supreme court and high courts, and the transfer of judges from the high court to the apex court takes place. This involves the chief justice and four senior most supreme court judges. This system was created to ensure transparency and impartiality in the selection of judges. This system has been subject to debates and heated discussions and has its own pros and cons. The judiciary’s stark silence on arbitrary state action and its failure in protecting citizens' rights shows that the collegium system has been ineffective in maintaining the independence of the judiciary from the government. This research paper deals with the birth of the collegium system, how major cases have shaped this system, and the new simmer between the executive and judiciary that has brought this system to light.
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