COLLEGIUM SYSTEM IN INDIAN HIGHER JUDICIARY: AN ANALYTICAL STUDY

Abstract

The Indian judiciary is the protector of the Indian Constitution, 1950. It’s declared by the
constitution itself on the basis conferred power for its protection and justice administration
under the providing constitutional provisions. That is the important thing, the theory of
Montesquieu’s Separation of power adopts in the constitution as law making power vest in the
legislature, executive power vest in the administrator and power of justice vested in the
Judiciary. Article 50 of the Indian Constitution expressly imposed responsibility upon the
State to separate from the judiciary to the executive. Judiciary is specifically distinguished
from both the executive and the legislative. According to Article 124(2) of the Indian
Constitution the appointment of judges to the High Courts and the Supreme Court is
completed by the President through the collegiums. At present, the collegium system for the
appointment of judges in the Supreme Court is a burning issue before the country and is being
taken up by the country’s executive.
This article will provide and extend the knowledge about the collegiums system and its
applicability in the appointments of judges in higher judiciary and also analyze, who is the
organ of government, empowers and enjoys the power of appointment of judges truly.