Judicial Appointments and Constitutional Integrity
The article discusses the intricacies of the judicial appointment process in India, focusing on a recent scenario involving the Madras High Court Collegium.
The Collegium System
- The Collegium, consisting of the Chief Justice and the two senior-most judges of a High Court, recommends appointments to the High Court.
- State governments can raise objections or seek clarifications on these recommendations.
- In November 2025, the Madras High Court Collegium recommended six district judges for elevation to the High Court.
- The State raised issues about the Collegium's composition.
Procedural Concerns
- The Memorandum Of Procedure mandates that the Chief Justice and two senior-most judges recommend High Court appointments.
- Deviation from this procedure can question the legitimacy of the recommendations.
Constitutional Crisis and Criticisms
- Exclusion of a judge without justification or jurisdiction risks nullifying the Collegium's recommendations.
- The Collegium system faces criticism for lack of transparency, nepotism, and political influence.
Call for Reforms
- The situation calls for the Supreme Court to revisit and reform the Collegium system.
- Reforms should include clearer rules, published reasons for decisions, and mandatory disclosures.
Conclusion
- The issue at hand is not the eligibility of candidates but whether the recommendations comply with Article 217 of the Indian Constitution.
- The questionable constitution of the Collegium signifies a constitutional crisis between the judiciary and the State government.
