What is a collegium?

The system under which a forum comprising of the chief justice of India with four other senior-most judges of the supreme court decide the appointment, transfer, and promotion of a judge. It has no mention in the constitution of India or any later amendments.

How the collegium system evolved?

First judges’ case 1981-SP Gupta vs Union of India- it was announced in this case that the primacy of the recommendation made by the chief justice of India on judicial appointments can be denied on logical grounds. Therefore, the executive got primacy over the judiciary in the cases of judicial appointments. The situation continued for 12 more years.
Second judges case1993-supreme Court advocates on record association vs union of India- it happened in 1993 when the supreme court announced about the collegium system. Thereafter, the opinion formed by the chief justice of India Bittu other senior-most judges of the Supreme Court was considered.
Third judges case 1998- it took place in 1998 after the solution of the president that the number of members in the collegium system should be increased from 3 to 5. The system of the collegium of the High Court was headed by the chief justice along with the four senior-most judges of the court.

Process for an appointment-
Chief justice of India-
-The chief justice of India and other judges of the supreme court are appointed by the president.

• the outgoing chief justice recommends his successor.
• the chief justice of India is to be chosen based on seniority which has been strictly followed after the controversy of 1970.

Judges of the Supreme Court-

• the proposal is initiated by the chief justice of India
  The chief justice of India then consults the other members of the collegium and also the senior-most charge of the High Court to which the recommended person belongs.
  The opinion of the consultees must be recorded and filed.
  The recommendations of the collegium are then sent to the law minister, who further gives it to the prime minister to advise the president.

Chief justice of the High Court

• The appointment of the chief justice has to be according to the policy that the chief justice should be from outside the respective States.
• The call of elevation is taken by the collegium.
• The judges of the high court and recommended by the college comparison of the chief justice of India and two more senior-most judges.
• The proposal is initiated by the chief justice of the high court after consulting with senior-most colleagues.
• These recommendations are sent to the chief minister, who further sends it to the governor, and finally sent to the Union Law minister.

Criticism against collegium system of India
Lack of transparency and opaqueness
Nepotism
Public controversies
Talented advocates and junior judges were overlooked.

The essence of democracy is endangered when a judge appoints another judge. It has been reported by the law commission that the system of the collegium is greatly inflicted with nepotism and personal patronage.

Advantages of the collegium system

Secrecy is increased and the system of the collegium. It was once stated by a former judge of the supreme court that the collegium system of India is one of the best secrets which is essential for the proper functioning of the institution.
It is through the system collegium that the judiciary is independent of politics. It keeps the judiciary away from the impact of the executive and legislator and was making the judiciary independent from the fear of government.
There have been several instances when the judges of the supreme court have been transferred
due to the impact of politics. Therefore, It was important to confine the power of transfers to enable the judiciary to work independently.
The executive wing has no knowledge about the names of the judges as compared to the chief justice of India. The collegium system ensures that the right person gets the right position.

Disadvantages of the collegium system-

This section provides no guidelines regarding the criteria for the selection of judges of the supreme court which leads to nepotism and favoritism. The deserving ones are left behind.
It has no criteria for assessment of a candidate, no investigation is done for the background of the selected ones. Most importantly they are not answerable to any superior body for wrong appointments or overlooking talents.
The judiciary in India is already burdened with a lot of cases and hence this responsibility proves to be another burden on its shoulders.
There is no policy for check and balance for the misuse of powers by the judiciary.
Non-transparency leads to havoc and is harmful to law and order.

NJAC – NATIONAL JUDICIAL APPOINTMENTS COMMISSION.

It was a body consisting of six people i.e. the chief justice of India, to senior-most judges from the supreme court, the law minister, and two eminent persons. It was proposed for the transfer, appointment, and recruitment of the judges by the 99th amendment Act 2014 in the constitution. The purpose of the body was to replace the collagen system. It was passed by the parliament of India and assented by the President of India and came into force on 13 April 2015. The constitution bench of the Supreme Court on 16 October 2015 struck down NJAC as unconstitutional on the petition by several persons. Critics say that the presence of Law minister would compromise the independence of the judiciary.