Central Idea

The Supreme Court Collegium, led by Chief Justice of India D. Y. Chandrachud, has recommended new Chief Justices for seven major High Courts in India.
The recommendations focus on criteria such as seniority, regional representation, and gender diversity.

What is Collegium System?

The Collegium of judges is the Indian Supreme Court’s invention.
It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
In effect, it is a system under which judges are appointed by an institution comprising judges.
After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

The President of India appoints the CJI and other Supreme Court judges.
The outgoing CJI recommends his successor, and the appointment is typically made based on seniority, following the controversy of the 1970s.
The Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President on the appointment.

The proposal for appointing other judges to the Supreme Court is initiated by the CJI.
The CJI consults other members of the Collegium, as well as the senior-most judge from the High Court to which the recommended person belongs.
The opinions of the consultees must be recorded in writing and included in the file.
The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister for the President’s advice.

Chief Justices (CJs) of High Courts are appointed based on the policy of having Chief Justices from outside the respective states. The Collegium makes the final decision on their elevation.
The appointment of High Court judges is recommended by a Collegium consisting of the CJI and two senior-most judges.
The Chief Justice of the High Court concerned initiates the proposal in consultation with two senior-most colleagues.
The recommendation is then sent to the Chief Minister, who advises the Governor to forward the proposal to the Union Law Minister.

The Collegium is also responsible for recommending transfers of Chief Justices and other judges.
Article 222 of the Constitution allows for the transfer of judges from one High Court to another.
When a Chief Justice is transferred, a replacement must be simultaneously appointed for the concerned High Court. An acting Chief Justice can be appointed for a maximum of one month.
In transfer matters, the CJI’s opinion is determinative, and the consent of the judge being transferred is not required.
However, the CJI should consider the views of the Chief Justice of the concerned High Court and one or more Supreme Court judges who are in a position to provide their opinions.
All transfers must be made in the public interest, aiming for the betterment of the administration of justice.