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. (Answer in 250 words)

Judicial appointments balance independence, democratic legitimacy, competence and diversity.

Evolution

• The First Judges Case favoured executive primacy; the Second created judicial primacy and the Third enlarged the collegium.
• The NJAC was struck down in 2015 for threatening judicial independence.

Comparison

• India’s collegium insulates judges from political retaliation but is criticised for opacity, nepotism and weak diversity.
• In the USA, presidential nomination and Senate confirmation provide public accountability and stated ideology, but can produce partisan polarisation and strategic appointments.
• India needs published criteria, reasons, diversity benchmarks and an independent secretariat without surrendering decisional independence.

Keywords: polity, judiciary, judicial appointments, collegium system