Collegium System of Judicial Appointments in India

Indian Polity

SC reached its full strength of 34 judges with the appointment of two new judges recommended by the Collegium.

India's judicial mechanism for appointing and transferring judges (HC & SC).
Evolved from SC judgments ( esp by Three Judges Cases), not directly mentioned in the Constitution.

Constitutional Basis for Appointment of Judges

Article 124: SC judges appointed by the President in consultation with the CJI & other judges.
Article 217: HC judges appointed by the President in consultation with CJI, Governor & HC Chief Justice.
Ad hoc Judges (Article 127): If quorum of SC judges is not available, CJI (with President’s consent) can request a HC judge to sit in SC.
Acting CJI (Article 126): In case of vacancy/absence, senior-most available SC judge appointed by the President.
Retired Judges (Article 128): CJI may request a retired SC judge to sit & act as SC judge for a specified period with President's consent.

Arguments For

Ensures judicial independence from the executive & legislature, upholdingupholding separation of powers (Article 50).
Senior judges are best placed to assess the legal acumen & integrity of potential judges; this reduces risks of corruption in appointments.

Arguments Against

Operates in secrecy with no transparency, encouraging nepotism & favoritism (Uncle Judge Syndrome).
Concentrates power in a few judges, with 79% of HC judges (2018–2022) from upper-castes & underrepresentation of marginalized communities/women.
331 judicial vacancies in HCs (2024) highlight delays in appointments.
NJAC (99th CAA, 2014), proposed to replace the collegium, was struck down by the SC in 2015 as unconstitutional.