Collegium system imperfect but preserves ‘judiciary’s autonomy’, says Supreme Court judge

The Supreme Court’s Justice Surya Kant has said that the collegium system of appointing judges, despite its imperfections, serves as a “crucial institutional safeguard” and preserves the judiciary’s autonomy, The Indian Express reported on Sunday.

Kant, who is slated to become the next chief justice of India, said that the collegium system “significantly limits interference by the Executive and Legislature, thereby preserving the Judiciary’s autonomy and insulating judges from extraneous pressures that could otherwise compromise their impartiality,” the newspaper reported.

Under the collegium system, the five most senior judges of the Supreme Court, including the chief justice, decide on the appointments and transfers of judges to the top court and the High Courts.

Speaking at Seattle University in the United States on June 4, Kant acknowledged that the system has faced criticism, especially on the lack of publicly articulated criteria for selecting judges. However, he said that “recent efforts by the Supreme Court signal a growing commitment to enhancing transparency and public confidence in it”.

In 2022, the Supreme Court Collegium had published detailed documentation of its deliberations on selecting five judges. Since October 2017, the Collegium has also been publishing its resolution on the court’s official website.

Kant also said that the “the judiciary’s evolving relationship with its own independence, lies at the very heart of how India’s...

Read more