Collegium Reforms
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The editorial examines recent resolutions by India's Supreme Court Collegium aimed at improving transparency and accountability in judicial appointments.
The Supreme Court Collegium has resolved to conduct interviews for High Court judicial candidates and exclude individuals with close relatives in the judiciary from consideration, fostering impartiality. While these measures aim to improve judicial independence, concerns linger about their long-term effectiveness.
India's Collegium system is unique as it allows judges to appoint judges, with minimal government interference to protect judicial autonomy. However, critics argue that the system lacks transparency and accountability. The current proposals to refine the Collegium’s functioning are seen as steps toward a more equitable judiciary, though challenges remain in implementation.
The editorial recalls constitutional debates where a “middle course” was adopted, assigning the judiciary a self-regulating role, balancing executive interference with judicial independence. Still, procedural delays and conflicts between the government and judiciary persist, as seen in the slow implementation of Collegium recommendations.
Past reforms, such as the Second Judges Case, emphasized consensus within the judiciary to ensure integrity and independence. However, without structural changes, the Collegium system continues to face criticisms of arbitrariness. A meaningful overhaul is essential for judicial accountability, but concerns over government overreach complicate reform efforts.