SYLLABUS

GS-2: Structure, organization and functioning of the Judiciary.

Context: The Judicial Transparency Index (2026) released by the Justice Access and Lowering Delays in India (JALDI) Initiative of the Vidhi Centre for Legal Policy highlights significant transparency gaps in the functioning of the Collegium System, particularly in judicial appointments, transfers and case allocation. 

Key Findings of the Judicial Transparency Index

• Collegium & Judicial Appointments: The last five Supreme Court Collegium resolutions recommending High Court judges did not provide specific reasons for appointments, while reasons for Supreme Court elevations remained largely generic, citing only "merit, integrity and competence" without substantive justification. 

• Judicial Transfers: The Supreme Court does not publish any transfer policy for High Court judges, and recent Collegium resolutions recommending transfers do not disclose reasons. 

• Case Allocation: No court publishes criteria governing allocation of cases to different benches, resulting in lack of transparency in bench constitution, case allocation, recusals and disciplinary proceedings. 

• RTI & Financial Transparency: Fifteen High Courts prescribe additional exemptions beyond Section 8 of the RTI Act, while eight High Courts have not published budgets and no High Court regularly publishes audit reports. 

• Live Streaming: Only 13 of 25 High Courts have adopted live streaming, and only Chhattisgarh, Gujarat, Telangana and Gauhati High Courts streamed more than 75% of proceedings on the assessed day. 

About the Collegium System

• The Collegium System is the mechanism through which judges of the Supreme Court and High Courts are appointed and transferred, and it evolved through the Three Judges Cases without being mentioned in the Constitution. 

• Composition: The Supreme Court Collegium consists of the Chief Justice of India and the four senior-most judges, while the High Court Collegium consists of the Chief Justice and the two senior-most judges of the concerned High Court. 

• Constitutional Provisions: Article 124 deals with the appointment of Supreme Court Judges, Article 217 with High Court Judges, Article 224 with Additional Judges, and Article 222 with the transfer of High Court Judges. 

• Evolution: The First Judges Case (1981) gave primacy to the Executive, the Second Judges Case (1993) established judicial primacy and introduced the Collegium System, and the Third Judges Case (1998) expanded the Collegium and clarified appointment and consultation procedures. 

• National Judicial Appointments Commission (NJAC): Parliament enacted the 99th Constitutional Amendment and the NJAC Act, 2014 to replace the Collegium, but the Supreme Court struck it down in 2015.

Concerns over Transparency in the Collegium System

• Lack of Reasons: Recent Collegium resolutions provide no reasons for appointments and transfers, whereas earlier resolutions, though brief and formulaic, recorded some justification. 

• No Codified Selection Criteria: Selection standards are not available in any publicly accessible document, creating uncertainty regarding appointments. 

• Confidential Decision-making: Deliberations on appointments, elevations and transfers remain confidential, while reasons for rejecting or deferring candidates are rarely disclosed. 

• Public Accountability: Citizens have a right to know who is being appointed, why candidates are selected and the judicial work and achievements of appointees. 

• Judicial Independence: Transparency strengthens judicial independence and open justice enhances public confidence in the judiciary, as recognised in Swapnil Tripathi (2018) and CPIO, Supreme Court of India v. Subhash Chandra Agarwal (2020).

Way Forward

• Collegium Reforms: Record specific and substantive reasons for appointments and transfers, consistently implement the Supreme Court's 2017 transparency resolution and publish objective selection criteria. 

• Case Allocation & Judicial Transfers: Publish formal policies governing roster allocation, bench constitution, case allocation and judicial transfers, along with reasons for departures from established norms. 

• RTI & Financial Transparency: Restrict RTI exemptions to those permitted under the RTI Act and regularly publish budgets, expenditure statements and audit reports. 

• Live Streaming & Judicial Accountability: Clearly specify proceedings to be livestreamed, publish cause lists in advance, establish transparent complaint mechanisms, publish a judicial code of conduct and encourage judges' asset disclosure. 

• Administrative Reforms: Publish updated information on judge vacancies, staff strength, recruitment, selection marks and transfer policies, formulate a policy on Artificial Intelligence and provide anonymised digital pleadings for research.