The Collegium and changes — it may still be early days
The HinduTwo interesting nuggets of information have emanated in recent days about the functioning of the Supreme Court of India’s Collegium. But, in short, it postulates the following: the recommendation to appoint a new judge to a High Court or to the Supreme Court, to transfer a judge from one High Court to another, and to elect a new Chief Justice to a High Court, would come from the collegium — a body comprising the CJI and his senior colleagues, in some cases, two members, and in others four. But the government’s capacity to forestall any recommendation made means that the question of primacy remains moot, despite the Court having previously spelled out — in the Fourth Judges Case — that it is the judiciary alone that must retain pre-eminence and that any tinkering with that position would impinge on the Constitution’s basic structure. The Judges’ cases and rule of law Whatever our position on the collegium’s constitutional suitability may be, today, the system represents the rule of law. But for the collegium system to retain salience, and for it to achieve its purported objective — the maintenance of our judiciary’s independence — the rulings in the Judges’ cases must be accorded due respect.