How does the collegium system impact judicial independence in India? Explain with suitable examples.

The collegium system in India, established through landmark Supreme Court judgments, fundamentally affects judicial independence. This system, which governs the appointment and transfer of judges, comprises the Chief Justice and the four senior-most judges of the Supreme Court. Its evolution can be traced through three crucial cases:

1. First Judges Case (1981): Established that appointments could originate from various constitutional authorities, not just the Chief Justice.
2. Second Judges Case (1993): Introduced the collegium system, emphasising judicial primacy in appointments, thereby enhancing independence from executive influence.
3. Third Judges Case (1998): Reinforced the need for consultations among judges, ensuring a collective decision-making process.

Despite its intention to safeguard judicial independence, the collegium system faces criticism.

• Lack of Transparency: The process lacks clear eligibility criteria and is often perceived as a closed-door affair.
• Limited Public Knowledge: Details regarding meetings and decisions are not disclosed, leaving many in the dark about potential appointments.
• Exclusion of Stakeholders: Lawyers often remain unaware of their consideration for judicial positions, leading to a perception of arbitrariness.

These criticisms raise concerns about the collegium’s effectiveness in promoting a truly independent judiciary. For instance, the appointment of judges with political affiliations has sparked debates on whether the system is genuinely insulated from external pressures. Thus, while the collegium system aims to uphold judicial independence, its opaque processes and lack of accountability may undermine public confidence in the judiciary. Addressing these criticisms through reforms could enhance transparency and reinforce the foundational principle of an independent judiciary in India.