How does the Supreme Court collegium system influence the independence and accountability of the judiciary in India?

The Supreme Court collegium system is a mechanism by which appointments and transfers of judges to the higher judiciary (Supreme Court and High Courts) in India are decided. It was evolved through Supreme Court judgments (the 'Three Judges Cases') to ensure judicial independence by reducing executive interference. However, the system’s impact on both independence and accountability of the judiciary has been widely debated.

Influence on Judicial Independence:
• Minimizes Executive Interference: The collegium system gives the judiciary the primary role in selecting judges, reducing the possibility of political or executive influence in appointments.
• Ensures Separation of Powers: By keeping the executive at bay, it strengthens the doctrine of separation of powers, which is vital for a functioning democracy.
• Protection from Arbitrary Transfers: The system also controls transfers of judges, preventing arbitrary or punitive transfers by the government.

Influence on Judicial Accountability:
• Lack of Transparency: The collegium's decisions are often made behind closed doors, with limited disclosure of reasons, leading to criticism that the process lacks transparency.
• No Formal Mechanism for Redressal: There is no formal avenue to challenge or review collegium decisions, making it difficult to hold the system accountable.
• Perception of Nepotism: The opaque process has sometimes led to allegations of favoritism or nepotism in appointments.

Challenges Faced by the Collegium System:
• Absence of Criteria: There are no uniform, objective criteria for selection, leading to inconsistency in appointments.
• Delay in Appointments: Prolonged discussions and lack of consensus within the collegium often result in vacancies in courts.
• Executive-Judiciary Tussle: The government sometimes delays or returns recommendations, leading to friction between the judiciary and executive.
• Demand for Reforms: Various commissions and experts have called for a more transparent, broad-based, and accountable system (like the National Judicial Appointments Commission, which was struck down by the Supreme Court).