Dispute over Collegium between the executive and judicial branches

The executive branch and the judiciary engaged in a remarkable verbal duel in 2022. The Supreme Court judges criticised the government’s “unhappiness” over legislation that promised a bigger role for the administration in judicial selections but failed the constitutionality test in 2015, while government officials attacked the collegium system of appointing judges.

on November 4, Rijiju criticised the collegium system, saying it is “opaque, not accountable and non-transparent”, adding that it is the duty of the minister concerned to speak about the ills of such a selection mechanism. At another public event in the same month, Rijiju spoke of the collegium system in a similar fashion.

The Supreme Court’s first response came a week later when it adopted the judicial side in a case involving delays by the administration in clearing the names chosen by the collegium. Before the collegium recommends names for appointments, it is noted that there are “enough checks and balances,” therefore the Centre’s protracted delay in clearing candidates is “not acceptable.”

On November 25, CJI Chandrachud tacitly called for a restraint by both sides. Speaking at a function to celebrate the Constitution Day, the CJI, who also heads the collegium in the top court, stressed on the need for “constitutional statesmanship” between the Union government and the apex court, saying that the two institutions cannot keep finding fault with each other in matters of judicial appointments.