The workings of the Supreme Court collegium 

(Mains GS 2 : Separation of powers between various organs, dispute redressal mechanisms and institutions & Structure, organisation and functioning of the Executive and the Judiciary)

Context:

• Justice Dhananjaya Yashwant Chandrachud was sworn in as the 50th Chief Justice of India (CJI) by President Droupadi Murmu at a brief ceremony held at the Rashtrapati Bhavan.

About collegium system:

• The collegium system was born out of years of friction between the judiciary and the executive with the Three Judges cases saw the evolution of the collegium system. 
• In the First Judges case, the court held that the consultation with the CJI should be “full and effective”. 
• The Second Judges case introduced the collegium system in 1993. It ruled that the CJI would have to consult a collegium of his two senior-most judges in the apex court on judicial appointments. The court held that such a “collective opinion” of the collegium would have primacy over the government. 
• It was the Third Judges case in 1998, which was a Presidential reference, that expanded the judicial collegium to its present composition of the CJI and four of his senior-most judges.

Working of collegium system:

• The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts. 
• The collegium can veto the government if the names are sent back by the latter for reconsideration. 
• The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent. 
• However, over time, the collegium system has attracted criticism, even from within the judicial institution, for its lack of transparency as it has even been accused of nepotism. 
• The government’s efforts to amend the Constitution and bring a National Judicial Appointments Commission was struck down by a Constitution Bench.

Appointment of the CJI :

• The appointment of the CJI and judges of the apex court is governed by a Memorandum of Procedure. 
• The CJI and the judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. 
• The appointment to the office of the CJI should be of the senior-most judge of the Supreme Court considered fit to hold the office. 
• The Union Law Minister would, at an “appropriate time”, seek the recommendation of the outgoing CJI on his successor. 
• Once the CJI recommends, the Law Minister forwards the communication to the Prime Minister who would advise the President on the appointment.

Need for transparency:

• India is perhaps the only country where the judges select judges to the higher judiciary therefore,It is necessary to make the norms of selection transparent. 
• The Supreme Court has emphasised the need for maintaining transparency and an openness with regard to the norms of selection. In 2019, a five judge Bench of the Supreme Court, of which the present CJI was also a member, laid emphasis on this point. 
• The Bench observed: “There can be no denial that there is a vital element of public interest in knowing about the norms which are taken into consideration in selecting candidates for higher judicial office and making judicial appointments”.

Conclusion:

• The judiciary is besieged by inherent and fundamental challenges. Millions of pending cases, quality of judges and their decisions, organizational issues and its integrity and impartiality, need urgent attention. 
• Thus, the Judiciary needs to take concrete steps to revitalize the administration of justice so that the rule of law be restored and the Constitution served.