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Debate on Transparency in the Supreme Court Collegium System (Source: The Hindu)

Context

Supreme Court Judge Justice Ujjal Bhuyan has raised concerns over the Collegium’s lack of transparency in judicial appointments, warning that unexplained recommendations may undermine public confidence and allow unsuitable candidates to be elevated to constitutional courts.

Judicial Collegium: Balancing Independence and Transparency

Explanation

  • The Collegium System is the mechanism through which judges of the Supreme Court and High Courts are appointed and transferred by the judiciary.
  • It evolved through the Three Judges Cases (1981, 1993, 1998) and is not mentioned in the Constitution.
  • The Collegium comprises the Chief Justice of India (CJI) and the four senior-most Supreme Court judges for appointments to the Supreme Court.
  • Judicial appointments are made under Articles 124 and 217 of the Constitution, while transfers are governed by Article 222.
  • The system aims to safeguard judicial independence, but concerns persist regarding opacity, lack of codified criteria, and limited public accountability.

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Judicial Collegium: Balancing Independence and Transparency

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