How does the collegium system work in the appointment of judges in India
The collegium system, established by the Supreme Court, plays a crucial role in the appointment of judges. Understand the functioning of this system.
The collegium system in India is a method for the appointment and transfer of judges to the highest courts in the country, including the Supreme Court. Here's how it works:
1. Composition: The collegium consists of the Chief Justice of India and four senior-most judges of the Supreme Court.
2. Recommendations: The collegium recommends candidates for appointment or transfer of judges to the Supreme Court and High Courts.
3. Consultation: The collegium consults with other judges and the government to gather feedback and information about the suitability of a candidate.
4. Memorandum of Appointment: The collegium prepares a Memorandum of Appointment which contains details about the recommended candidate's background, qualification, and reasons for recommending their appointment.
5. President's Approval: The Memorandum of Appointment is sent to the President of India for approval. The President may either accept or reject the collegium's recommendation.
6. Reconsideration: If the President rejects the recommendation, the collegium may reconsider the candidate or make alternate recommendations.
7. Transparency: The decisions of the collegium, including its recommendations and reasons for selection, are not typically disclosed publicly.
It is important to note that the collegium system has been a subject of debate and criticism, with proposed reforms to introduce greater transparency and accountability in the appointment process.
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