Supreme Court Justice Defends Collegium System Amid Criticism

Justice Surya Kant's Perspective on Judicial Appointments

Justice Surya Kant of the Supreme Court has emphasized that the collegium system for appointing judges, despite its flaws, acts as a vital institutional safeguard that maintains the independence of the judiciary, as reported by a news outlet on Sunday.

As he prepares to assume the role of the next Chief Justice of India, Kant noted that this system effectively reduces interference from both the Executive and Legislature, thereby protecting the judiciary's autonomy and shielding judges from external pressures that could jeopardize their impartiality.

According to the collegium system, the five most senior judges of the Supreme Court, including the Chief Justice, are responsible for deciding on the appointments and transfers of judges to the Supreme Court and High Courts.

During a speech at Seattle University on June 4, Kant acknowledged the criticisms directed at the system, particularly regarding the absence of clear criteria for judge selection. However, he pointed out that recent initiatives by the Supreme Court indicate a commitment to improving transparency and fostering public trust.

In 2022, the Supreme Court Collegium made a rare move by publishing detailed records of its deliberations concerning the selection of five judges. Since October 2017, the Collegium has also been sharing its resolutions on the court's official website.

Kant remarked that the evolving relationship between the judiciary and its independence is central to the functioning of India's diverse and pluralistic democracy.

He also reflected on how certain periods of institutional strain, particularly during the Emergency, ultimately led to a renewed awareness of judicial responsibilities.

In recent times, the central government has been accused of selectively appointing judges recommended by the Supreme Court Collegium, which has allowed the Union government to exert influence over judicial appointments.

There has been an ongoing conflict between the executive and judiciary regarding appointments to the higher judiciary. Former Law Minister Kiren Rijiju and Vice President Jagdeep Dhankhar have frequently criticized the collegium system, arguing that it lacks transparency.

In 2014, the BJP-led government introduced the National Judicial Appointments Commission Act aimed at making judicial appointments more inclusive, transparent, and accountable. This Act proposed a commission comprising the Chief Justice, two senior Supreme Court judges, the Union Law Minister, and two eminent individuals nominated by the Chief Justice, Prime Minister, and Leader of the Opposition.

However, in 2015, the Supreme Court deemed the Act unconstitutional, striking it down.