At the Republic Summit 2024, Harish Salve, former Solicitor General of India, raised questions about the collegium system used for judicial appointments in India. He asked if there is any other country where judges appoint judges, implying that such a practice is uncommon and possibly problematic. Salve criticized the collegium system as being political in nature.
The collegium system, which is responsible for the appointment and transfer of judges, evolved through decisions of the Supreme Court rather than legislative acts or constitutional provisions. The Supreme Court’s collegium is led by the Chief Justice of India and includes the four most senior judges, while a High Court’s collegium is headed by its Chief Justice along with the two most senior judges.
Salve stressed the need for the judiciary to align with the rest of India, advocating for a legal system that resembles a pyramid rather than the current rectangular structure. “We need more good judges in Delhi,” Salve remarked, highlighting the scarcity of quality judges in the capital. He also emphasized the importance of introducing domain expertise into the judiciary.
Addressing claims that the Constitution is in danger, Salve refuted such political assertions, stating that the Constitution lives in the hearts of people across India. He saw no immediate threat to the Constitution, questioning the motives behind such claims by political parties.
Also Read
The collegium system has been a subject of debate for its lack of transparency and accountability. Efforts to replace it with the National Judicial Appointments Commission (NJAC) were struck down by the Supreme Court as contrary to judicial independence. The Supreme Court announced in April 2023 that it would set a date to hear a petition to abolish the collegium system and possibly revive the NJAC.
Salve also addressed the issue of nepotism, stating that it is not a significant concern within the legal profession. He recounted his own appointment as Solicitor General, where former Prime Minister Atal Bihari Vajpayee showed no concern for his familial background, despite Salve’s father being a staunch supporter and member of the Indian National Congress.
