The collegium system is responsible for appointments and selections of judges in the court. Under this system, a committee, led by the Chief Justice of India and the other four judges of the Supreme Court, chooses and selects the judges of the Supreme Court. If appointments are made in the High Court, then the respective chief justice of that court, along with two other high court judges, make the appointment.
THE PLEADINGS
Recently, a writ petition filed by advocate Mathews Nedumpara sought through the Apex Court to abolish the collegium system. Through this petition, he also pleaded for the revival of the NJAC, i.e., the National Judicial Appointments Commission.
The National Judicial Appointments Commission was a proposal put forward by the government of India that was meant to substitute the collegium system, as the collegium system had been under a lot of flak as it lacked transparency. But it was held unconstitutional by the Supreme Court way back in 2015.
Advocate Mathews J. Nedumpara filed a petition seeking a declaration that the collegium system and favoritism have led to the denial of fair opportunities in the selection and appointment of Judges of the Supreme Court and High Courts to practicing lawyers and numerous others who are equally, if not more, deserving but less privileged. The petition emphasizes the importance of ensuring equal opportunity for consideration for such appointments, lest their fundamental right to equal opportunity be infringed upon.
THE VERDICT
Addressing this petition, the Supreme Court Registry refused to end the collegium system and revive NJAC, as it held it to be a waste of judicial time and energy. The Supreme Court Registrar held that this particular legislation was already resolved earlier, and The Registrar strongly asserted that the current petition duplicates the issues that have already been resolved by the previous verdict.
