PolityGS2

South Africa's Transparent Judicial Appointment Model Compared to India's Collegium

Indian Express·2026-09-10· Read original

"South Africa's Transparent Judicial Appointment Model Compared to India's Collegium"

Prelims Facts

  • •Article 124 governs Supreme Court judge appointments; Article 217 governs High Court appointments, both require presidential consultation with the Chief Justice of India.
  • •The Second Judges Case (1993) established that the Chief Justice's opinion must prevail in appointments; the Third Judges Case (1998) required consultation with the four most senior SC judges.
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Key Terms

Collegium System

A judge-made body of the CJI and four senior SC judges that recommends judicial appointments, with no explicit constitutional text.

Judicial Service Commission (JSC)

South Africa's constitutional body that appoints, disciplines, and publicly interviews judges through open, broadcast proceedings.

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Study Note

BackgroundCore Concept

Background

The appointment of judges in India is governed by Article 217 (High Courts) and Article 124 (Supreme Court). Both provisions require the President to consult the Chief Justice of India before making appointments. In practice, however, the operative mechanism is the Supreme Court Collegium, a body of the Chief Justice and the four most senior puisne judges, whose recommendations the executive is expected to follow.

This collegium system is entirely judge-made. The First Judges Case (S.P. Gupta v. Union of India, 1981) gave the executive primacy. The Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993) reversed this, establishing that the Chief Justice's opinion must prevail. The Third Judges Case (In re Special Reference No. 1 of 1998) required the Chief Justice to consult the four most senior colleagues before recommending names, institutionalising collective decision-making. These three cases together form the constitutional bedrock of the current regime.

Comparative models offer a different design logic. In the United States, the President nominates Supreme Court justices and the Senate confirms them through public hearings, a process that is transparent and politically accountable, though critics argue it has become intensely partisan. The United Kingdom moved away from executive-dominated appointments when it established the Judicial Appointments Commission alongside its Supreme Court, separating the judiciary from the legislature and introducing a merit-based, structured selection process. South Africa's Judicial Service Commission (JSC), established under its post-apartheid constitution, goes furthest in combining representativeness with transparency: it includes senior judges, lawyers, legal academics, and limited political-party representation, and conducts its proceedings publicly on national television and radio.

The Topic Explained

The Indian collegium operates without a statutory or constitutional text defining its composition, criteria, or procedure. Recommendations are made internally, with no published selection criteria, no public interviews, and no formal record of dissent. The Supreme Court has defended this opacity on the ground that confidentiality preserves the integrity of the process, a position reaffirmed in the recent Arvind Malhotra v. High Court of Himachal Pradesh judgment, where the court declined to scrutinise a seniority-based grievance and cautioned against public disclosure of deliberations.

The collegium's defenders argue that insulating appointments from political interference is essential for judicial independence. Judges' salaries are charged to the Consolidated Fund of India, removing them from annual legislative vote, a structural protection for autonomy. Security of tenure (retirement at 65 for Supreme Court judges, 62 for High Court judges) further insulates the judiciary from executive pressure. …

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Related PYQs

2012GS1 Prelims

What is the provision to safeguard the autonomy of the Supreme Court of India?

1.While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.

2.The Supreme Court Judges can be removed by the Chief Justice of India only.

3.The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.

Which of the statements given above is/are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
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2021GS1 Prelims

With reference to Indian judiciary, consider the following statements:

1.Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.

2.In India, any High Court has the power to review its own judgement as the Supreme Court does.

Which of the statements given above is/are correct?

A1 only
B2 only
C1 and 2 both
DNeither 1 nor 2
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2025GS2 Mains

Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA. (Answer in 250 words)

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2020GS2 Mains

The judicial systems in India and UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. (Answer in 150 words)

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Practice MCQs

Politymedium

With reference to the appointment of judges in India, consider the following statements:

1.Article 124 of the Constitution requires the President to consult the Chief Justice of India before appointing Supreme Court judges.

2.The collegium system, as it exists today, is explicitly provided for in the text of the Constitution.

3.The Supreme Court struck down the National Judicial Appointments Commission in 2015 on the ground that it violated the basic structure of the Constitution.

4.Salaries of Supreme Court judges are charged to the Consolidated Fund of India and are not subject to a vote of Parliament.

How many of the above statements are correct?

AOnly one
BOnly two
COnly three
DAll four
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Politymedium

Which of the following correctly matches the Judges Cases with their key holdings regarding judicial appointments in India?

AFirst Judges Case (1981) — Collegium of CJI and four senior judges must collectively recommend appointments
BSecond Judges Case (1993) — Executive has primacy; Chief Justice's role is purely consultative
CThird Judges Case (1998) — Chief Justice must consult the four most senior SC judges before making recommendations
DSecond Judges Case (1993) — NJAC established as the constitutional body for judicial appointments
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Politymedium

With reference to the safeguards for judicial autonomy in India, consider the following statements:

1.The President of India must consult the Chief Justice of India before appointing Supreme Court judges.

2.A retired judge of the Supreme Court can be called back to sit as a Supreme Court judge by the Chief Justice of India with prior permission of the President.

3.High Courts in India have the same power to review their own judgments as the Supreme Court does under Article 137.

4.The salaries of Supreme Court judges are charged to the Consolidated Fund of India.

Which of the statements given above are correct?

A1, 2 and 4 only
B1 and 3 only
C2, 3 and 4 only
D1, 2, 3 and 4
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Polityeasy

The National Judicial Appointments Commission (NJAC) was struck down by the Supreme Court of India primarily because it was held to violate which of the following?

AArticle 124 of the Constitution, which explicitly prohibits executive participation in judicial appointments
BThe basic structure of the Constitution, specifically the principle of judicial independence
CThe separation of powers doctrine as codified in Article 50 of the Constitution
DThe collegium system as established by the Constituent Assembly in 1949
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Politymedium

Consider the following statements regarding South Africa's Judicial Service Commission (JSC):

1.The JSC is a constitutional body that includes senior judges, lawyers, legal academics, and limited political-party representation.

2.Proceedings of the JSC, including judge interviews, are conducted in complete secrecy to preserve the integrity of the process.

3.The JSC's Judicial Conduct Committee can recommend the impeachment of a judge found guilty of gross misconduct.

Which of the statements given above is/are correct?

A1 and 2 only
B1 and 3 only
C2 and 3 only
D1, 2 and 3
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