Collegium controversy

Recent issue

The controversial collegium system of judicial appointments is under public scrutiny once again. The collegium’s unusual action of revisiting decisions made at an earlier meeting, and recommending the elevation to the apex court of Justice Dinesh Maheshwari and Justice Sanjiv Khanna, instead of two judges whose names had been considered earlier is the issues recently surfaced. The allegation is not merely one concerning the seniority or the lack of it of the two appointees; rather, it is the much graver charge of arbitrarily revoking a decision made on December 12 last year.
The appointment of Sanjiv Khanna to the Supreme Court on saw controversy as former Delhi High Court judge Kailash Gambhir wrote to the President objecting to the move since it “superseded almost 32 judges”. There is no communication from the Supreme Court on why it scrapped its decision of December 12 and went with the choices it did. The lack of clarity shines a spotlight on the opaque collegium system of appointments in the higher judiciary.

Constitutional Provision for Collegium

The constituent assembly wanted judiciary to be independent. Constituent assembly regarded judiciary as central to the social revolution that the constitution was meant to herald.
They ensured the judges would be insulated from political influence and assembly agreed on consultative process of appointing judges. The constitution avoided the cumbersome process of legislative interference and undemocratic provision of a veto to the chief justice and vested in the president the power to make appointment and transfer of judges.However the president required to compulsarly consult the CJI when making appointments.
Article 124(2) states that Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose and shall hold office until he attains the age of sixty five years: Provided that in the case of appointment of a Judge other than the chief Justice, the chief Justice of India shall always be consulted.
Location: Thiruvananthapuram, Kerala, India

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