Collegium System – The Unveiled Darkness

Constitutional law

The basis for appointment of Judges has always remained as the most controversial and confused job. Since Independence of our country, several attempts have been made to emerge out some single efficacious method in this regard. Collegium system has been functioning with its full force in respect of appointments to judicial offices. In order to change this stale prevailing system, in 2014 the Government came up with a Commission called as National Judicial Appointment Commission (NJAC) which was to play a frozen role in the appointment of Judges of Supreme Court and High Court for this matter National Judicial Appointment Commission Act has been enforced. Both the bills were overwhelmingly passed by both the Houses of the Parliament without a single opposing vote. The perception of nepotism, opacity and judicial hegemony in appointments was pursued to be undone by a bipartisan NJAC. However, Justice Krishna Iyer also has rightly accepted that “Judges-Judicial Reforms in Indian Context” concerning accountability of judiciary thereby demanding on a serious scrutiny through some commission for the appointment of Judges. Many a times before passing of this NJAC, efforts have been put in order to form some Commission to which, duty of appointment of Judges of higher authority, can be given. Nevertheless, by striking down the NJAC and 99th Constitution (Amendment) Act as unconstitutional and void, the Supreme Court has, again, focused public attention on the procedure of appointment of Judges to the higher judiciary.

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