Collegium and Recent Changes

Source: This post on Collegium and Recent Changes has been created based on article “The Collegium and changes — it may still be early days“ published in The Hindu on 7^th January 2025.

UPSC Syllabus topic: GS -2- Polity 

Context: The article explores the recent developments in the functioning of the Supreme Court of India’s Collegium, which plays a critical role in appointing and transferring judges in the higher judiciary. It reflects on two proposed changes: conducting interviews for candidates recommended for elevation to High Courts and excluding individuals with close familial ties to current or former judges. While these changes appear to promote transparency and diversity, the article contextualizes them within the broader challenges facing the collegium system. Collegium and Recent Changes

What recent decisions have been made regarding the Supreme Court’s Collegium?

The Supreme Court Collegium has reportedly decided to:

1. Conduct interviews of candidates recommended for elevation as judges to High Courts.
2. Exclude, as much as possible, candidates whose close relatives have served or are serving as judges in High Courts or the Supreme Court.

Why are these changes significant?

1. Interviews: Such meetings are fundamental for evaluating candidates for important State positions, including the judiciary.
2. Exclusion of relatives: While some deserving candidates may miss out, this step aims to diversify the judiciary.

What is the main concern about these changes?

1. Despite their potential, these reforms may have limited impact unless the government stops arbitrarily stonewalling Collegium recommendations.
2. Government delays or rejections, often without disclosure, undermine the effectiveness of reforms.

What is the Collegium system? What role does the Collegium play in judicial appointments?

1. The Collegium is a product of judge-made law..
2. It  is responsible for judicial appointments and transfers in the higher judiciary.
3. It operates without formal rules, making it opaque and unaccountable.
4. The Collegium recommends judges for appointment to High Courts and the Supreme Court, Transfers between High Courts and selection of new High Court Chief Justices.
5. The collegiums comprises of the Chief Justice of India (CJI) and senior judges. Its recommendations must be acted upon by the government.

How were judicial appointments initially envisioned?

The Constitution grants the President authority to appoint judges:

1. To the Supreme Court: In consultation with the CJI and other judges deemed necessary.
2. To High Courts: In consultation with the CJI, the State Governor, and the Chief Justice of

What changes did the Second Judges Case (1993) bring, and what is the government’s role in the Collegium process?

1. The Second Judges Case redefined “consultation” with the Chief Justice of India (CJI) to mean “concurrence,” requiring agreement from a Collegium of senior judges rather than just the CJI. This formalized the Collegium system, granting the judiciary greater control over judicial appointments and transfers.
2. The government’s role includes accepting the Collegium’s recommendations, returning them for reconsideration, and approving the proposal after reconsideration.

What challenges arise from this system, and does the Collegium have real authority?

1. The government can delay or block recommendations by keeping them pending indefinitely or withholding the issuance of a presidential warrant.
2. Although the Collegium theoretically has primacy, the government’s ability to stall decisions undermines its authority, contradicting the judiciary’s constitutionally protected independence.

Why is reform of the Collegium system essential, and how do government delays affect it?

1. The absence of binding rules and formal accountability weakens the Collegium’s integrity, making a transparent, rule-based system essential for judicial independence.
2. Government inaction or arbitrary delays disrupt the process and violate the rule of law. While the Supreme Court has questioned delays, it avoids issuing direct orders to prevent confrontation.

What steps are needed for meaningful reform of the Collegium system?

1. Implementation: Collegium recommendations must be followed through to ensure accountability.
2. Collaboration: All branches of the State must work together to maintain the system’s integrity.
3. Rule-based structure: Clear, binding rules must replace ad hoc procedures to enhance transparency and consistency.