1.India Judicial Appointment Reforms Debate (Judiciary)

What & Where
Collegium System: judge-led mechanism for SC/HC appointments & transfers, operational pan-India since 1993 judgments.
NJAC: 99th Constitutional Amendment 2014 proposed six-member commission for nationwide higher-judiciary appointments.
AIJS: Article 312 enables single competitive service to recruit district-level judges across all states.
Quick Facts for MCQs
Constitutional Provisions
- Article 312(3) limits AIJS to district judge & above posts as defined in Article 236.
- Governor consults respective High Court for district judge postings under Article 233.
- Supreme Court cites judicial primacy as part of basic structure in NJAC verdict.
Systemic Issues
- Opaqueness: no official minutes, closed-door collegium meetings.
- Diversity gap: only 2 women judges in SC, overall higher-judiciary under-represented communities.
- Uncle-Judge syndrome: absence of objective criteria fuels perceived nepotism.
NJAC Design
- Composition: CJI, two senior SC judges, Law Minister, two civil-society eminents.
- Balanced roles: executive presence plus judicial majority, reinforced by dual-member veto.
- Passed near-unanimously in Parliament; ratified by 16 states before being voided.
AIJS Details
- Aim: uniform recruitment, merit filtration, faster filling of subordinate-court vacancies.
- Exam proposed through UPSC-like centrally conducted process, postings allocated to states.
- Law Commission reports 1958, 1978, 2006 reiterated need for service.
International Examples
- United States: Senate Judiciary Committee holds confirmation hearings; executive nominates, legislature confirms.
- United Kingdom: Judicial Appointments Commission includes lay members alongside judges, ensuring transparency.
Key Data Points
| Feature | Data-Point |
|---|---|
| Art. for SC judge appointment | Article 124(2) |
| Art. for HC judge appointment | Article 217 |
| Women in High Courts (Aug 2024) | 14 % |
| Avg. appointment delay post-2015 | 285 days |
| NJAC struck down | 2015, 4:1 bench |
| NJAC veto threshold | Any 2 of 6 members |
| Eminent persons quota | 1 seat for SC/ST/OBC/minority/women |
| AIJS constitutional base | Article 312, RS 2/3 majority |
| District judge current article | Article 233 |
| Collegium secretariat | None (ad-hoc registry support) |
Related UPSC Prelims PYQs
What is the provision to safeguard the autonomy of the Supreme Court of India?
Which one of the following is correct in respect of the appointment of District Judges?







