Introduction

The Collegium System for selecting Supreme Court judges is a contentious issue in India, with numerous criticisms raised against it. This system grants immense power to a group of individuals while being criticized for lack of transparency and representation. In this article, we will delve into the common criticisms of the Collegium System and analyze the empirical data that support these arguments.

The Lack of Oversight and Personal Bias

The primary criticism against the Collegium System is its lack of oversight and the possibility of personal biases influencing appointments. Critics argue that a set of individuals, with no external scrutiny, have the power to appoint Supreme Court judges. This is a cause for concern given the vast responsibilities and the high stakes involved in judicial decisions.

Empirical Data and Representation

Let's consider the empirical data from 2020 to understand the representation of different segments of society in the Supreme Court. The following table provides a snapshot of the composition of judges:

CategoryTotal Judges Males29 Females2 North Indians23 South Indians8 Brahmins12 Kayastha4 Vaishya3 Khatri2 Other Backward Classes (OBC)6 Christians1 Muslims1 Parsis1 SC/Dalits1 ST (Scheduled Tribes)0

From this data, it is evident that the composition of the Supreme Court is heavily skewed. While 70% of the judges are from North India, and 39% are Brahmins, only 3% are from the OBC category, and 0% are from Scheduled Tribes (ST).

Diagnosing the System

The criticism extends to the nature of the system, with many alleging that the Collegium is a "North Indian Hindu Upper-Caste Upper-Class Male Syndicate." This statement does not align with the principles of judicial impartiality and equality.

Lack of Transparency

The lack of transparency is another significant criticism. The current system does not explain the criteria for appointments, the preferences, background details, or any other factors that influence the selection process. The refusal to implement a judicial transparency law further erodes public trust in the system.

Trust in the System

The transparency law, which would have provided a clearer understanding of the selection process, was quashed. This decision is seen as a major blow to societal faith in the Collegium System. Without transparency, there is no way for the public to understand and trust the decisions made by the system.

Conclusion

The Collegium System for Supreme Court judges is under intense scrutiny due to its lack of oversight, skewed representation, and the refusal to implement necessary reforms such as transparency. These criticisms highlight the urgent need for a comprehensive review of the system to ensure it upholds the principles of judicial impartiality and societal representation.

By addressing these issues, we can work towards a judicial system that is more transparent, fair, and just for all sections of society.