Supreme Court Collegium

March 22, 2025

The Supreme Court collegium plays important role in the appointment and transfer of judges in India’s higher judiciary. Recently, the collegium made headlines by transferring Justice Yashwant Varma from the Delhi High Court back to the Allahabad High Court. This decision followed the recovery of amount of cash from his residence after a fire incident. The collegium system, while very important, has faced scrutiny regarding its transparency and selection process.

What is the Collegium System?

The collegium system is the mechanism for appointing and transferring judges in India’s Supreme Court and High Courts. It is not defined in the Constitution but has evolved through judicial pronouncements known as the “Judges Cases.” The Supreme Court collegium consists of the Chief Justice of India and the four other seniormost judges. High Court collegiums include the Chief Justice and two other senior judges.

How Does the Collegium Work?

The Supreme Court collegium recommends judges for the apex court. High Court collegiums do the same for their respective courts, but their recommendations require approval from the Supreme Court collegium. The government’s role is limited to conducting an Intelligence Bureau inquiry into the recommended candidates. If the collegium reiterates its choices, the government must approve them, as per constitutional mandates.

Criticism of the Collegium System

The collegium system has been criticised for its lack of transparency. There is no formal mechanism for its operations, leading to perceptions of it being a closed-door affair. Eligibility criteria and selection procedures are not publicly disclosed. Lawyers often remain unaware if their names have been considered for judicial appointments, fuelling tensions between the judiciary and the government.

Proposed Alternatives to the Collegium

In response to the criticisms, alternatives have been suggested. The Justice M N Venkatachaliah Commission proposed the National Judicial Appointments Commission (NJAC) in 2000. This body would include the Chief Justice, two seniormost judges, the Union Law Minister, and an eminent person appointed by the President. Although the NJAC Bill was passed in 2014, it was struck down by the Supreme Court in 2015 for being unconstitutional, as it undermined judicial primacy in judicial appointments.

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