"Former High Court Chief Justice Calls for Judicial Reform and Free Speech Protection"
Collegium System
A convention-based mechanism where the five senior-most Supreme Court judges collectively recommend judicial appointments and transfers.
NJAC
National Judicial Appointments Commission, a constitutional body created in 2014 to replace the Collegium; struck down by the Supreme Court in 2015.
India's constitutional democracy rests on the separation of powers among the legislature, executive, and judiciary. The judiciary's independence is protected through constitutional provisions such as security of tenure for judges, fixed service conditions, and the principle that Parliament cannot discuss the conduct of judges except on a motion for removal. The Supreme Court and High Courts derive their authority from Part V and Part VI of the Constitution respectively.
The question of how judges are appointed has been contested since independence. Until 1993, appointments were made by the President on the advice of the executive, with consultation of the Chief Justice. The Supreme Court Advocates-on-Record Association v. Union of India judgment of 1993 transferred effective control over judicial appointments to the Collegium, a body of the five senior-most judges of the Supreme Court. A subsequent judgment in 1998 further consolidated this system. The National Judicial Appointments Commission (NJAC), created by the 99th Constitutional Amendment in 2014 to replace the Collegium, was struck down by the Supreme Court in 2015 as unconstitutional, leaving the Collegium system intact.
Freedom of speech and expression is guaranteed under Article 19(1)(a) of the Constitution, subject to reasonable restrictions under Article 19(2). The use of laws such as sedition (Section 124A, IPC, now replaced under the Bharatiya Nyaya Sanhita), the Unlawful Activities (Prevention) Act, and other statutes to restrict dissent has been a persistent concern in debates about democratic governance.
The Collegium system operates without a statutory basis. It functions through conventions established by judicial interpretation. The five senior-most judges of the Supreme Court collectively recommend appointments and transfers of High Court and Supreme Court judges. Critics point to three structural weaknesses: the absence of transparent eligibility criteria, the lack of a formal record of deliberations, and the absence of any external accountability mechanism. Supporters argue that judicial control over appointments is the only reliable safeguard against executive interference in the judiciary.
Judicial delays are a separate but related problem. India has over five crore pending cases across all courts. A significant portion of these are, as has been argued by legal experts, effectively dead, parties may be deceased, the subject matter may no longer exist, or the law may have changed. …
'Constitutionally guaranteed judicial independence is a prerequisite of democracy.' Comment.
'Institutional quality is a crucial driver of economic performance.' In this context, suggest reforms in Civil Service for strengthening democracy.
Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?
Consider the following statements regarding the Collegium system of judicial appointments in India:
1.It was established by an Act of Parliament in 1993.
2.It consists of the five senior-most judges of the Supreme Court.
3.The National Judicial Appointments Commission (NJAC) was struck down by the Supreme Court as unconstitutional.
Which of the statements given above is/are correct?
Consider the following pairs:
Constitutional Provision — Subject Matter
1.Article 19(1)(a) — Right to assemble peacefully without arms
2.Article 19(1)(b) — Freedom of speech and expression
3.Article 121 — Prohibition on Parliament discussing conduct of judges in discharge of duties
4.Article 19(2) — Reasonable restrictions on freedom of speech and expression
How many of the above pairs are correctly matched?
With reference to the Bar Council of India, consider the following statements:
1.It is a constitutional body established under the Constitution of India.
2.It regulates legal education and professional conduct of advocates.
3.It is established under the Advocates Act, 1961.
Which of the statements given above is/are correct?
Which of the following best describes the constitutional basis of the Collegium system for judicial appointments in India?
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