Adarsh Ramakrishnan and Prakhar Bhardwaj write about the struggle for primacy and unconstitutionality of the collegium system.

ABSTRACT

The authors try to put forth a suggestion of the establishment of a National Judicial Commission which would deal with the appointments and transfers of judges of the higher judiciary. There is a detailed examination of the judicial principles laid down in the three Judges’ cases. In critically analyzing the judgments, it is the authors’ submission that the judgments laid down are not in alignment with the letter and spirit of the Constitution and that an institution like the National Judicial Commission would go a long way towards maintaining the system of checks and balances. Such an institution has also been shown by the authors to have a growing international prevalence. The article goes on to suggest the composition of such an institution in order to meet the two major concerns of today i.e. the independence of the Judiciary and the faith of the people.