Answer

Introduction

For over three decades, the Collegium system has safeguarded judicial independence despite persistent criticism. As the Supreme Court moves towards its sanctioned strength of 38 judges, reforming and not replacing the system remains vital for preserving constitutional checks and balances.

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Vulnerabilities of the Collegium System

• Opaque Process: Appointments occur behind closed doors without publicly disclosed selection criteria, reducing transparency.
  Eg: Justice Akil Kureshi’s non-elevation to the Supreme Court (2019–22) despite seniority was not accompanied by publicly disclosed selection criteria. 
• Weak Accountability: Collegium decisions are largely insulated from scrutiny, limiting institutional accountability.
  Eg: In Mahesh Chandra Gupta v. Union of India (2009), the Supreme Court held that the ‘suitability’ of a judicial candidate is not subject to judicial review. 
• Arbitrary Decisions: Absence of detailed reasons for appointments or rejections creates perceptions of arbitrariness.
• Limited Diversity: Inadequate emphasis on regional, gender and community representation affects judicial inclusiveness.
  Eg: According to the India Justice Report 2025, women constitute only 14% of High Court judges,
• Secret Dissents: Non-disclosure of dissenting opinions weakens confidence in the fairness of deliberations.

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Intra-Judiciary Reforms

• Selection Criteria: Publish objective eligibility and evaluation parameters while retaining confidentiality of sensitive inputs.
• Reasoned Decisions: Disclose brief reasons for recommendations and rejections without compromising confidential intelligence.
• Eg: The collegium briefly published detailed resolutions in 2017 before discontinuing the practice.
• Publish Dissents: Record and disclose dissenting opinions wherever appropriate to enhance institutional credibility.
• Promote Diversity: Institutionalise consideration of gender, regional and social diversity during appointments.
• Internal Reforms: Reform the collegium through judicial rules rather than increasing executive involvement.

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Conclusion

The Collegium remains the least imperfect mechanism for protecting judicial independence. By adopting transparent procedures, objective standards and greater institutional accountability through internal reforms, the judiciary can strengthen public trust while preserving its constitutional autonomy.

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