Does the decades-old Collegium system have any relevance in modern-day judiciary? This has been the most asked question from several quarters after Union Law Minister Kiren Rijiju took on the Supreme Court's process of appointment of judges in India.
Weighing in on the issue, Vikram Hegde—an Advocate on Record to the Supreme Court discusses the problems and solutions of the Collegium system and how the independence of the judiciary can be ascertained within the existing structure.
Courts have always been central to our constitutional scheme. In the last couple of decades, they have also come to occupy a prominent place in our discourse as well.
The reaction of the political executive to the increasing prominence of the judiciary has ranged between maintaining a respectful silence to vocalising some sharp questions on the functioning and, of late, the manner of appointment of judges. Recently, the Union Law Minister and even the Vice President of India have criticised what is known as the Collegium system of recommending judges to be appointed.
The process of appointment of judges in India is unique. No other country has a system of judges selecting judges—a fact that all the critics of the Collegium point out.