False


Download Learnerz IAS app from the Play Store now! Download

$show=search/label/May%202022

 


Functioning of the Supreme Court of India’s Collegium and Associated Issues UPSC NOTE

SHARE:

  Recent Resolutions by the Collegium Collegium will now interview candidates recommended for elevation as judges to High Courts. Aim: To en...

 Recent Resolutions by the Collegium

  • Collegium will now interview candidates recommended for elevation as judges to High Courts.

  • Aim: To ensure appointments are made after thorough evaluation of candidates.

  • Collegium plans to avoid appointing candidates whose close relatives are or have been judges in High Courts or the Supreme Court.

  • Objective is to promote diversity in the judiciary.

  • Some deserving candidates may be excluded, but the measure is seen as necessary 

Concerns and Limitations of the Collegium System

  • Collegium decisions are often attributed to unnamed sources, adding to the lack of transparency.

  • No binding rules govern its processes, leading to ad hoc decision-making.

  • The government can delay or block recommendations arbitrarily, undermining the collegium’s primacy.

  • Tools of delay include withholding proposals or failing to issue a presidential warrant for appointments or transfers.

Need for Reform

  • Any meaningful reform must address the lack of binding rules and improve transparency.

  • A revised framework must enforce compliance and accountability for both the collegium and the government.

Provisions for Judicial Appointments

  • Judges of the Supreme Court: Appointed by the President in consultation with the Chief Justice of India (CJI) and other judges deemed necessary.

  • Judges of High Courts: Appointed by the President in consultation with the CJI, the Governor, and the Chief Justice of the respective High Court.

Judicial Interpretation of “Consultation”

  • Second Judges Case (1993): Defined “consultation” as requiring “concurrence” from the collegium.

  • Established the collegium system comprising the CJI and senior judges.

  • Recommendations for appointments and transfers are initiated by the collegium and must be accepted by the government after reconsideration if resubmitted.


Operational Challenges

  • Despite judicial directives, the government can delay implementation by withholding action on proposals.

  • This creates a paradox where the judiciary’s independence is theoretically protected but practically undermined.

  • Breaches of the Memorandum of Procedure (MoP) carry no consequences.

  • Collegium’s new initiatives (interviews, candidate exclusions) need to be formalized in binding rules to ensure consistency.

Broader Implications for Judicial Independence

  • While the judiciary and the government are expected to collaborate, persistent delays and non-compliance from the government disrupt the system.

  • Upholding Rule of Law

  • The government must adhere to procedures laid down in the Judges’ cases.

  • Judiciary must ensure compliance to preserve its role as a counter-majoritarian institution.

  • Future Directions

  • A transparent, accountable, and formalized process for judicial appointments is essential.

  • Until a robust alternative is developed, meaningful reforms within the existing system are critical.

Conclusion

  • The collegium’s new proposals signal an attempt to address systemic concerns but require effective implementation to achieve their objectives.

  • For the judiciary to maintain its independence and integrity, reforms must focus on both procedural clarity and enforcement mechanisms.

COMMENTS

Name

Amritsar,1,April 2024,301,Art & Culture,12,August 2023,251,August 2024,400,Courses,7,Daily Current Affairs,51,December 2023,189,December 2024,340,Disaster Management,2,Environment and Ecology,348,February 2024,228,February 2025,51,Foundation Course,1,Free Class,1,GDP,1,GEMS Club,1,GEMS Plus,1,Geography,334,Govt Schemes,2,GS 2,1,GS1,101,GS2,707,GS3,559,GS4,8,GST,1,History,12,Home,3,IAS Booklist,1,Important News,71,Indian Economy,328,Indian History,27,Indian Polity,352,International Organisation,12,International Relations,277,Invasive Plant,1,January 2024,241,January 2025,350,July 2023,281,July 2024,375,June 2022,6,June 2023,268,June 2024,324,March 2024,238,May 2022,17,May 2024,330,Mentorship,2,November 2023,169,November 2024,341,Novermber 2024,2,October 2023,203,October 2024,369,Places in News,2,SC,1,Science & Technology,345,Science and Technology,121,September 2023,205,September 2024,336,UPSC CSE,115,UPSC Tips,4,
ltr
item
Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Functioning of the Supreme Court of India’s Collegium and Associated Issues UPSC NOTE
Functioning of the Supreme Court of India’s Collegium and Associated Issues UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2025/01/functioning-of-supreme-court-of-indias.html
https://www.learnerz.in/
https://www.learnerz.in/
https://www.learnerz.in/2025/01/functioning-of-supreme-court-of-indias.html
true
4761292069385420868
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content