Q. With reference to the Collegium system in India, consider the following statements:
1.The collegium system governs the appointment and transfer of judges in the subordinate courts.
2.The collegium system is based on the principle of judicial independence.
3.A reiterated decision by the Collegium holds legal authority and is mandatory for the government to implement.
Which of the statements given above are correct? :
Explanation –
Statement 1 is incorrect. The collegium system governs the appointment and transfer of judges in the Supreme Court and the High Court. The process of appointing subordinate court judges varies from state to state. However, in general, the state governments appoint subordinate court judges from a list of candidates who have been recommended by the High Court. The High Court prepares the list of candidates based on their performance in a competitive examination and an interview.
Statements 2 is correct. The collegium system is based on the principle of judicial independence. It is believed that the judiciary should be independent of the executive and the legislature, and that the best way to ensure this independence is to give the judiciary a say in its own appointments.
Statement 3 is correct. If the government returns a recommendation from the Collegium for reconsideration, and the Collegium reiterates its recommendation, the government is bound to accept it. This is because the Supreme Court has held that the Collegium is the best body to assess the suitability of a candidate for judicial appointment. The Supreme Court has also held that the government cannot arbitrarily delay the appointment of judges. If the government does not appoint a judge within a reasonable time frame, the Supreme Court can issue a mandamus order directing the government to make the appointment.
Source: ForumIAS
