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Examine the democracy of the Collegium System.

The collegium system is the process of appointing judges to the SupremeCourt. The collegium consists of ChiefJustice of India and other senior most judges of the court. The candidates will be recommended after elaborate discussion.

 Role of collegium in preventing political appointment

  • Involvement of judges
    The collegium consists only of judges of high calibre and judgment, which allows only eligible candidates to go through the process successfully.
  • Through background check
    The system relies on thorough background check, including political inclination, controversial judgments etc so as to preserve sanctity of the institution.

Role in preserving democracy

  • Neutral judiciary
    The collegium system ensures that the judiciary is neutral. It will not be under pressure from political leaders to make decisions. This will ensure that democratic values are upheld.
  • Non-corrupt
    Collegium system is designed to be non corrupt in order to preserve integrity. Preventing corruption will reduce chances of influenced decision-making.

Concerns with collegium

  • Opaque nature
    The process of collegium is strictly confidential and there is no way to know the reasons behind appointment of a particular candidate.
  • Favouritism and nepotism
    There have been accusations against judges for favouring a particular high court or candidate while recommending.

Thus, collegium can be further strengthened by removing some of its opaque decision-making. This will ensure that no allegations against the committee hold true.







POSTED ON 04-06-2022 BY ADMIN
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