The Supreme Court Collegium

Why in News? The Supreme Court Collegium, led by Chief Justice of India B.R. Gavai, recommended 39 individuals for appointment as judges across nine High Courts (Delhi, Telangana, Madhya Pradesh, Rajasthan, Punjab and Haryana, Andhra Pradesh, Patna, Gauhati, and Allahabad) on July 1 and 2, 2025. These recommendations, following extensive in-person and virtual interviews with judicial officers and advocates, aim to address the critical shortage of judges and reduce case pendency in India’s judiciary.

About the Collegium System:

The Collegium System governs the appointment and transfer of judges in India’s Supreme Court and High Courts, established through judicial rulings in the Second Judges Case (1993) and Third Judges Case (1998). Key features:

• Structure: The Supreme Court Collegium, headed by the CJI, includes the four senior-most Supreme Court judges. High Court collegiums, led by the Chief Justice of the respective court, include two senior judges, with recommendations reviewed by the Supreme Court Collegium.
• Process: Candidates are evaluated based on merit, seniority, integrity, and judicial temperament. The collegium consults senior judges and recently began conducting interviews. Recommendations go to the Central Government, which may object but is generally bound to accept reiterated proposals.
• Purpose: Ensures judicial independence by limiting executive influence, as per Articles 124 and 217 of the Constitution.

Present Status

• Recent Activity: The collegium recommended 39 judges, including 3 judicial officers for Delhi, 10 for Punjab and Haryana, 2 judicial officers and 2 advocates for Gauhati, 5 advocates for Madhya Pradesh, and 1 advocate for Andhra Pradesh.
• Enhanced Scrutiny: Over 50 candidates were interviewed in two days (20 on July 1, 34 on July 2), a record for High Court appointments, focusing on legal knowledge and temperament.
• Transparency Efforts: CJI Gavai has prioritized transparency, with new guidelines issued in April 2025 to make the process more inclusive and open.
• Context: The appointments address a significant judge shortage, with High Courts facing high case pendency.

Issues with the Collegium System

1. Opacity: The system is criticized for lacking clear selection criteria, with decisions often seen as subjective or influenced by networks, raising concerns about nepotism.
2. Executive Tensions: Delays or objections by the government create friction. The 2014 National Judicial Appointments Commission, meant to replace the collegium, was struck down in 2015 for undermining judicial independence.
3. Diversity Gaps: Underrepresentation of marginalized groups (e.g., SC/ST, women) persists, though recent steps like SC/ST reservation for Supreme Court staff show progress.
4. Vacancies and Pendency: Slow appointments contribute to case backlogs, with many High Courts understaffed.
5. Subjectivity: Assessments of judicial temperament can be inconsistent, though interviews aim to standardize evaluations.
6. Bias Concerns: Public discussions, including on platforms like X, highlight allegations of favoritism, though evidence remains inconclusive.

Current Developments and Outlook

The collegium’s proactive interviews and transparency guidelines reflect efforts to reform internally. However, smoother government coordination and broader reforms are needed to enhance inclusivity, accountability, and efficiency in addressing judicial vacancies and case pendency.