New Delhi: Justice Dipankar Datta of the Supreme Court has made important observations about the Indian collegium system, commonly known as the collegium system. While hearing a case related to the appointment process of Election Commissioners, he expressed concern that the judiciary has gradually been pushed into a secondary role in judicial appointments due to the executive’s influence.
At the same time, he said he hopes the present collegium will make wise and appropriate choices in the future. His remarks have sparked fresh discussion about judicial independence, the role of the executive, and the future of judicial appointments in India.
What Did Justice Dipankar Datta Say
Justice Datta observed that many people wrongly believe that judges alone appoint judges through the collegium system. He stated that this perception ignores the role played by the executive, intelligence agencies, and the constitutional process involved in judicial appointments.
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According to him, controversial appointments are exceptions rather than the norm and should not be used to judge the entire system. He also expressed confidence that the current collegium, led by Chief Justice of India Surya Kant, would make careful and balanced decisions that strengthen public trust in the judiciary.
Judiciary Playing A Secondary Role In Indian Collegium System
One of Justice Datta’s strongest observations was that the judiciary appears to be playing a “second fiddle” role in judicial appointments.
He pointed out that while the collegium recommends names, the executive has significant influence because it decides when and how those recommendations are implemented. In some cases, recommendations are accepted selectively, creating concerns about the balance of power between the judiciary and the executive. According to him, this selective implementation weakens the importance and authority of collegium resolutions.
Why Is The Indian Collegium System Being Discussed
The observations were made while hearing petitions challenging the Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions Of Service And Term Of Office) Act, 2023.
The petitioners argue that the current appointment mechanism gives the executive a dominant role in selecting Election Commissioners, which could affect the independence of the Election Commission.
During the hearing, comparisons were made between the Election Commissioner appointment process and the collegium system used for appointing judges. Justice Datta responded by explaining that the two systems are not directly comparable because the executive remains deeply involved in judicial appointments.
What Is The Collegium System
The collegium system is the mechanism used for appointing judges to the Supreme Court and High Courts. Under this system, senior judges recommend names for appointment and transfer of judges. The system evolved through a series of Supreme Court judgments and is aimed at protecting judicial independence from political influence. However, appointments ultimately require constitutional approval through the President after the consultation process is completed.
Justice Datta Rejects The “Judges Appoint Judges” Narrative
Justice Datta strongly disagreed with the popular claim that judges simply appoint other judges. He called this idea a misconception and said it overlooks the role played by the executive and other institutions during the appointment process. According to him, public debate often focuses only on the judiciary while ignoring the broader constitutional framework involved in appointments.
Controversial Appointments Are Not The Rule
Justice Datta also said that controversial judicial appointments receive attention because they are unusual. He emphasized that isolated cases should not be treated as proof that the entire system is flawed. Every human system can make mistakes, and no process can guarantee perfect decisions all the time.
Concerns About Judicial Independence
Justice Datta referred to Dr. B.R. Ambedkar’s vision of an independent judiciary. He suggested that the judiciary should remain both independent and capable of functioning without undue influence from the executive. However, he indicated that the present situation raises questions about whether that ideal is being fully achieved.
His comments highlight an ongoing debate in India about how to maintain judicial independence while ensuring accountability and transparency in appointments.
Read also: Collegium System Can Be More Transparent Without Losing Integrity: CJI Surya Kant
FAQs
He argued that selective implementation of collegium recommendations by the executive reduces the judiciary’s influence in judicial appointments.
Justice Datta said the belief that judges alone appoint judges is a misconception. He emphasized that the executive and other institutions also play important roles in the appointment process.
The collegium system is the process through which senior judges recommend appointments and transfers of judges to the Supreme Court and High Courts. It evolved through Supreme Court judgments to protect judicial independence.
