Introduction
Article 124 of the Constitution establishes the Supreme Court of India and provides for judicial appointments by the President in consultation with the CJI. Judicial rulings later evolved this into the collegium system, giving the judiciary primacy, as affirmed in the Judges Cases and after the NJAC verdict (2015).

Body

Evolution of Collegium System in India

• Constitutional Provision (1950): Articles 124 and 217 empowered the President to appoint Supreme Court and High Court judges in “consultation” with the CJI and other judges, giving the executive primacy in appointments.
• First Judges Case (1981): In S.P. Gupta v. Union of India (1981), the Court held that consultation did not mean concurrence, thus reaffirming the executive’s dominance in judicial appointments.
• Second Judges Case (1993): In Supreme Court Advocates-on-Record Association v. Union of India, the Court reversed its earlier stance, creating the collegium system where the CJI, with two senior-most judges, held primacy in appointments.
• Third Judges Case (1998): Through a Presidential Reference, the collegium was expanded to five members the CJI and four senior-most judges making its recommendations binding on the executive.
• NJAC Verdict (2015) & Current Status: The 99th Amendment created the NJAC, but it was struck down in 2015 as violating the basic structure of judicial independence. The collegium system was restored, though it faces criticism for opacity and lack of accountability.

Advantage and Disadvantage of Collegium System in India

Advantages and Disadvantages of the Appointment of a Judge of the USA

Judicial Appointments in USA:

• Presidential nomination: The President selects a nominee when a vacancy arises, after background vetting and consultations with key senators.
• Senate Judiciary Committee: The nomination goes to the Judiciary Committee, which conducts investigations, holds public hearings, questions the nominee, and then votes to recommend or not.
• Full Senate confirmation: The full Senate debates and votes; a simple majority confirms. Once confirmed, the President signs the commission.
• Life tenure and oath: After appointment, judges take their oaths and serve during “good behaviour” (effectively life tenure), ensuring independence.

Conclusion

The collegium safeguards judicial independence but faces criticism for opacity and lack of accountability. Reforms are needed to balance independence with transparency and public trust, drawing lessons from global models like the US system.

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