Chief Justice of India B.R. Gavai recently assured that the collegium system for appointing judges will remain transparent, merit-based, and inclusive. His remarks came amid concerns about political interference and internal dissent in the judicial appointment process.
Highlights from CJI Gavai’s Address Commitment to Transparency and Merit
- The CJI stated that the collegium will function with full transparency going forward.
- Emphasized that merit will not be compromised under any circumstance.
- Representation from diverse sections of society will be ensured in judicial appointments.
Inclusivity in Judicial Appointments
- The judiciary will work towards fair representation of all communities and regions.
- The process will avoid any external influence or bias.
Responding to Concerns on Collegium Integrity
- The CJI addressed public concerns raised by Justice Dipankar Datta regarding external interference.
- Assured that all names recommended by the collegium will be given due and fair consideration.
Clarification on the Role of the CJI
- He emphasized that the Supreme Court is not dominated by one person.
- The Chief Justice is “first among equals,” and decisions are taken collectively.
What is the Collegium System?
- The Collegium System is a method used in India for the appointment and transfer of judges in the Supreme Court and High Courts.
- It is not mentioned in the Constitution, but was created through Supreme Court judgments.
- The system ensures judicial independence by giving the judiciary a major role in selecting judges
How Does the Collegium System Work? (In Simple Points) For Supreme Court Judges
- The Collegium is headed by the Chief Justice of India (CJI).
- It includes the 4 senior-most judges of the Supreme Court.
- They recommend names for appointment to the Supreme Court.
- The recommendation is sent to the central government.
- The government can ask the Collegium to reconsider once.
- If the Collegium reaffirms the name, the government must appoint the judge.
For High Court Judges
- The High Court Collegium consists of:
- The Chief Justice of that High Court, and
- 2 senior-most judges of that High Court.
- They recommend names to the Supreme Court Collegium.
- The Supreme Court Collegium reviews and finalizes the names.
- The final list goes to the Law Ministry and then to the President of India for approval.
Key Features
- Ensures independence of the judiciary from the executive.
- Final authority lies with the judiciary, not the government.
- Exists due to Supreme Court rulings, especially the Three Judges Cases.
Conclusion:
CJI Gavai’s assurance reinforces the judiciary’s commitment to fairness, transparency, and inclusion in appointments. His remarks aim to strengthen public trust in the collegium system amidst rising scrutiny.
