Pros And Cons Of The Collegium System

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Collegium System:
The Collegium system has its origin in Third Judge case wherein Supreme Court prescribed the selection procedure of Supreme Court and High Court Judges. As per the Collegium system, it is required that the Chief Justice of India shall consult the four senior most judges of the Supreme Court while appointing Supreme Court judges and two senior-most judges in case of appointment of high court judges. Certain changes had been made and further rewrote the constitutional provisions regarding Article 124 and Article 217. Article 124 and Article 217 of the Indian Constitution has provided the plural functionalities only within the judiciary. i.e. executive and judiciary. Here the appointment process is remain with the judiciary but executive has right to announce the order.
Pros and Cons of Collegium System:
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Chief Justice of India’s role is primal as his decision regarding transfer or appointment of judges is final and President Play very minor role in it. His consent is nominal when it comes to appointment and transfer of Supreme Court or High Court Judges. On the other hand, Chief Justice of India could be bias as he can appoint the persons who are favorable for him and disqualify the persons who meet with the qualification criteria but who are not so favorable to CJI. Here, in this system judges are appointing judges and by doing this they are enjoying freedom from non-interference organs. I.e. Executive and Legislative bodies. This collegium system is following tradition appointment of judges’ practice. Generally Supreme Court and High Court judges are appointed by the way of seniority basis. However, this method refrain junior advocates and junior judges to meet with the criteria even though having strong knowledge and who would be beneficial in judiciary for
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