Collegium
At present, the Judicial Appointments and transfers (Higher Judiciary, Supreme Court
and the High Courts) are undertaken through the
‘Collegium System’.
The Collegium of the Supreme Court is a body of 5-Judges, headed by the Chief Justice of
India. It includes the 4 senior-most Judges of the Supreme Court after the CJI. The
Collegium recommendsthe name of Judgesto be appointed to the Court.
Within the collegium system, the Government also undertakes background checks of the
candidates through its agencies like Intelligence Bureau (IB). The Government may raise
objections to the choice and ask for clarifications. The Government can return the
recommendations of the Collegium for reconsideration. However, if the recommendations
are reiterated by the collegium, the Government must accept them.
NJAC
The National Judicial Appointments Commission was supposed to be an independent
Commission to replace the Collegium System to appoint Judgesto the higherJudiciary.
The Commission would have consisted of 6 members: (a) The Chief Justice of India as the exofficio Chairperson; (b) Two senior-most Supreme Court Judges as ex-officio members; (c) The
Union Minister of Law and Justice as ex-officio member; (d) Two eminent persons from civil
society. The eminent persons were to be nominated by a committee consisting of the Chief
Justice of India, Prime Minister of India and the Leader of Opposition in the Lok Sabha. One of
the eminent persons wasto be nominated from SC/ST/OBC/minorities or women.
The NJAC Act prescribed the procedure to be followed by the Commission to appoint judges.
The Act empowered any 2 members of the NJAC to veto a recommendation if they did not agree
with it.