The Collegium System and the Doctrine of Basic Structure A Constitutional Inquiry

Abstract

The collegium system in India is one of the most crucial judicial innovations in the history of Indian constitution. The system has evolved through judicial interpretation in the Judges Cases, and was restated in the National Judicial Appointments Commission Judgment, which now forms a crucial part of the judicial appointments and transfers of judges in the higher judiciary. The constitutionality of collegium system has still sparked off a lot of academic and political controversy as it is connected with the concept of basic structure. The present article raises the question whether in the light of the doctrine developed in Kesavananda Bharati v. State of Kerala, the principle of judicial primacy in appointments is an essential feature of the constitution. It examines the constitutional basis of judicial independence, separation of powers and institutional accountability under the provisions of Article 124 and 217 of the Constitution of India. The study also scrutinises the criticisms levelled against the collegium system for its opacity, lack of transparency, democratic deficit and the constitutional validity of the reforms like the National Judicial Appointments Commission. While independence of the judiciary is part of the basic structure, the collegium system may not be constitutionally sacrosanct and needs to be balanced and calibrated with other structures and reforms that will ensure constitutional balance and public trust in the judiciary, the article concludes.