Topic: Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
2. Do you agree with the view that “Collegium system requires reconsideration”. Give reasons in support of your arguments. (250 words)
Reference: The Hindu
Why this question:
The question is premised upon the recent citing made by former Supreme Court judge Justice AK Sikri upon the lacunae of the collegium system in the Indian judiciary.
Key demand of the question:
The answer must discuss the factors that have made collegium a flawed system.
Structure of the answer:
Briefly explain what collegium system is.
Collegium system is the system by which the judges are appointed and transferred only by the judges. The system has evolved by means of the judgments of the Supreme Court, and not by an Act of Parliament or by a Constitutional provision. State the factors that make the collegium system flawed; autocratic nature of the system, accountableness, lack of transparency, promotes nepotism, inefficient in many dimensions etc.
Conclude that the subjectivity and the inconsistency of the collegium system highlight the need to relook at the process of appointment of judges. The NJAC should be amended to make sure that the judiciary retains independence in its decisions and re-introduced in some form or the other.