Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA.
Question source: insightsonindia.com
Write a timed answer in the appCurrent affairs to use in your answer
A Supreme Court judge defends the Collegium and hits back at the Centre · 24 September 2026 · Answers it directly · use it in the body
Supplies the evolution of the Collegium, its defence and its criticisms for the Indian half of the answer.
- Under Articles 124 and 217, the Second (1993) and Third (1998) Judges Cases turned 'consultation' into 'concurrence', creating the Collegium; the 99th Amendment's NJAC (2014) was struck down in 2015.
- Justice Dipankar Datta argues 'judges appointing judges' is misleading because the government delays recommendations; he said in 2025 that his 2019 Calcutta High Court recommendation was still pending.
- Opacity is a key weakness: Justice Datta remarked in March 2026 that even judges often do not know when the Collegium meets, and the Memorandum of Procedure remains unfinalised.
Why no 'distinguished jurist' has ever been appointed to the Supreme Court · 2 September 2026 · Covers one part · use it in the body
Use the unused jurist route to add an eligibility dimension to the India-USA comparison: India's collegium draws only from judges and advocates, while the US has appointed academics.
- Article 124(3) allows appointment of a High Court judge of five years, a High Court advocate of ten years, or a distinguished jurist in the President's opinion; the third route has never been used.
- Under the Third Judges case (1998), the collegium is the CJI and four senior-most judges; it habitually chooses from High Courts and the Bar.
- Justice Ujjal Bhuyan (30 August 2026) cited Felix Frankfurter, a Harvard law professor who became a US Supreme Court judge, and academic appointments in the UK, Canada and Kenya.
Punjab asks Centre to hold High Court Chief Justice appointment, citing MoP breach · 7 September 2026 · Covers one part · use it in the example
Use the Punjab dispute as a current example of how the collegium system works for High Court Chief Justices and where the executive and States fit.
- After the Second (1993) and Third (1998) Judges Cases, a High Court Chief Justice is recommended by a collegium of the CJI and the two senior-most Supreme Court judges.
- Justice Ashwani Kumar Mishra was recommended on 6 August and notified on 5 September 2026; Punjab's Cabinet sought a hold, saying its views were not obtained under the MoP.
- Article 217 requires consultation with the CJI and Governor; the MoP asks for State views but sets no time limit, and follows a policy of appointing Chief Justices from outside the State.