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Q.20 The Collegium-a novel mechanism-was devised to ensure that, “the opinion of the Chief Justice of India is not merely his individual opinion, but an opinion formed collectively by a body of men at the apex level in the judiciary.” In light of this, assess the role played by the Collegium in preserving the independence of the judiciary and also mention the issues with it. (15 Marks)

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Swatantra

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  • https://indianexpress.com/article/opinion/columns/judges-appointment-what-is-the-collegium-systems-role-in-protecting-democracy-7395735/
  • In the intro, mention the three judges cases.
  • In the body, explain the composition of the Collegium and the backdrop of three judges cases leading to it. Next, discuss how the Collegium system ensures the independence of the judiciary by shielding the selection process from executive interference. In the next part, discuss the issues with the system such as lack of constitutional basis, lack of transparency, the scope for nepotism etc.
  • Conclude by mentioning that the judiciary faces several challenges on various fronts, it needs to protect itself and discharge its duty in consonance with a constitutional oath.

Comments

12 responses to “Q.20 The Collegium-a novel mechanism-was devised to ensure that, “the opinion of the Chief Justice of India is not merely his individual opinion, but an opinion formed collectively by a body of men at the apex level in the judiciary.” In light of this, assess the role played by the Collegium in preserving the independence of the judiciary and also mention the issues with it. (15 Marks)”

  1. SUMITA DOWERAH Avatar
    SUMITA DOWERAH

    Payment Id: pay HFrdyJMOEZ9967. Please review, Sir.

    1. Swatantra Avatar
      Swatantra

      Sumita

      Nice attempt. In the introduction, you can also mention article 124 and 217 before coming to collegium system.

      In 2nd Judges case mention that consultation meant concurrence and opinion of the collegium was made binding on the executive for appointments.

      Composition of the collegium you have already mentioned in the boxes. After that you have repeated same thing. Avoid that. Need part is fine, you can mention the DPSP envisaging seperation of judiciary and executive.

      In collegium system & independent judiciary, you can also mention that state is the main litigant in Indian courts, also fear of arbitrary transfers by the political class in case of giving power of appointments to the executive.

      Drawbacks are good. Also, you can write a brief way forward- case for an independent body for appointments, avoiding delays in appointment, increase in transparency, judiciary should give reasons for dropping names, consultation process can be made public etc

      Conclusion is fine. Keep writing. 🙂

  2. Sonal Sharma Avatar
    Sonal Sharma

    #0000422288
    Kindly review

    1. Swatantra Avatar
      Swatantra

      Sonal

      Good attempt, in the introduction ‘ineffective’ is a very harsh word, you can mention that the system has some issues.

      In the next part, after mentioning article 124, you can briefly mention all the three judges cases and trace how collegium system evolved.

      Next 3 parts consisting of role played, issues and suggestions are good. You can integrate constitutional articles and principles like article 50,judicial review and rule of law in respective points to show the importance of seperation of powers.

      Conclusion is good.

      Keep practicing. 🙂

  3. Mradul sharma Avatar
    Mradul sharma

    ref id #0000422539

    1. Swatantra Avatar
      Swatantra

      Mradul

      Good attempt. Introduction can be better.You can start with article 124,217 of the Constitution which deals with appointment of judges. Then, you can briefly write all the three judges’ case and trace how the collegium system evolved along with changing composition.

      In role, also mention some constitutional provisions like article 50 judicial review, rule of law etc which emphasize seperation of powers.Rest of the points are good.

      Secrecy, you have mentioned in role and again mentioned opaqueness and lack of transparency in issues. You can avoid mentioning that.

      Way forward and conclusion is good.

      Keep writing. 🙂

  4. ankita thakur Avatar
    ankita thakur

    Payment id-HJHAZEWKSzM3CX

    1. Swatantra Avatar
      Swatantra

      Ankita

      Introduction is fine. After that you have mentioned evolution of collegium system in a very detailed manner. Keep it short. You can make a table and write important points there.

      Also mention importance of collegium- seperation of powers, state is the main litigant in Indian courts, also fear of arbitrary transfers by the political class in case of giving power of appointments to the executive. You can also mention article 50 and constitutional principles like judicial review, rule of law etc

      Criticism section is good. After that mention a brief way forward-
      case for an independent body for appointments( here you can write about NJAC) , avoiding delays in appointment, increase in transparency, judiciary should give reasons for dropping names, consultation process can be made public etc

      Conclusion is fine. Keep writing. 🙂

  5. Kartikey Singh Avatar
    Kartikey Singh

    pay_HHogiMPYpQ87sC

    1. Swatantra Avatar
      Swatantra

      Kartikey

      Good attempt. You can start with 1st judges case only, tracing the evolution process. Also you can make a table to improve presentation.

      Positive role part is good. You can also mention the DPSP envisaging seperation of judiciary from executive.

      In challenges, you have mentioned against seperation of powers. That is not totally true, as seperation between judiciary and executive is ensured by this system. Better mention it is undemocratic- as judges themselves appoint judges- unique to India. Rest of the points are fine.

      In steps needed, mention about the need to avoid delays in appointment as many vacancies are seen. Also you can make a case for constituting a neutral body for appointments. Points about transparency are good.

      Conclusion is fine. Keep writing. 🙂

  6. Dr. House Avatar
    Dr. House

    REF ID: #0000425733
    Please review @Swatantra Sir

    1. Swatantra Avatar
      Swatantra

      Dr House

      Frame the introduction better. Three judges case is all the 3 cases combined. 1998 one is the 3rd judges case. Start with article 124 and then mention briefly all the 3 cases and it’s important points. You can make a table to keep it concise.

      In importance of collegium, you can also mention constitutional provisions like seperation of executive from judiciary, judicial review, rule of law etc.
      Council of ministers don’t have much role to play here. You can avoid that.
      Rest of the points are fine.

      Issues are also fine. Write a brief way forward- need to avoid delays, maintain transparency by putting information in public, giving rationale for dropping or appointing etc.Also you can make a case for constituting a neutral body for appointments.

      Conclusion is good. Keep practicing. 🙂

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